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Old 17.11.2013, 08:27
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Who pays for a Schlichtungsverfahren

I moved in to what was supposed to be a "dream flat" 20 months ago but sadly there's been lot's of structural problems since shortly after moving in. The problems got worse over time and things recently escalated between the landlord and myself and she served me notice.

I then went to the local Schlichtungsbehörde who gave me advice on how to pursue the issue. Several letters went back and forth via the Schlichtungsbehörde who have now set a date in December for us to appear at their court and try to settle the matter.

Nothing has been said to me yet about costs for this whole process and I can't find anything where it says if either of us have to pay?? Does anyone know out there if there will be charges for this mediation session? If so, who pays?
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Old 17.11.2013, 09:36
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Re: Who pays for a Schlichtungsverfahren

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I moved in to what was supposed to be a "dream flat" 20 months ago but sadly there's been lot's of structural problems since shortly after moving in. The problems got worse over time and things recently escalated between the landlord and myself and she served me notice.

I then went to the local Schlichtungsbehörde who gave me advice on how to pursue the issue. Several letters went back and forth via the Schlichtungsbehörde who have now set a date in December for us to appear at their court and try to settle the matter.

Nothing has been said to me yet about costs for this whole process and I can't find anything where it says if either of us have to pay?? Does anyone know out there if there will be charges for this mediation session? If so, who pays?
I believe it's free.
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Old 17.11.2013, 09:40
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Re: Who pays for a Schlichtungsverfahren

Could you ask the Mieterverband this question? They might know.
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Old 17.11.2013, 11:02
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Re: Who pays for a Schlichtungsverfahren

What is a Schlichtungsverfahren?

Maybe an short explanation could help others who might find themselves in a dispute with a landlord.
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Old 17.11.2013, 11:13
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Re: Who pays for a Schlichtungsverfahren

It is a mediation.

I had to pay for the one I was involved in, and add the costs to my demand for compensation from the other party. I was also granted it by the mediator.

Perhaps this is Canton-dependent.
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Old 17.11.2013, 12:24
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Re: Who pays for a Schlichtungsverfahren

Hi there Simeon, Thank you for that. Maybe it is Kanton dependent. I'm in Bern so we'll see. Were the charges high though (roughly). Hope it wont cost me an arm and a leg like everything else over here.

On the other hand if I retroactively ask for a reduction in rent to the hassle I've had in the flat for the past 20 months that might cover the costs.
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Old 17.11.2013, 12:45
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Re: Who pays for a Schlichtungsverfahren

My "Schlictungsverfahren" took place in Canton Schwyz, the home base of the "beklagte Partei" ( defendant). There it cost Fr. 200.

I don´t know much about landlord- tenant issues. There, I had very good luck in CH. I hope you can get a fair judgement.
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Old 17.11.2013, 13:01
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Re: Who pays for a Schlichtungsverfahren

We went twice to the "Schlichtungsbehörde" in Zurich and didn’t have to pay anything. Once we had to claim our legal right to live longer in our former apartment. Our former landlord had send us a cancelation letter of the rental contract just 4 days before Christmas in 2010...We went to "Schlichtungsbehörde" in March 2011. Afterwards it turned out that our landlord didn’t even have a permission to tear down the house and build a new one (that was the official reason for our cancelation)…
The 2nd time we went there to claim some sum of our rent back as we moved out this year in August. Here we succeeded only a little bit. In the end we got 25% back.
But most important: we didn’t have to pay anything for these "Schlichtungsverfahren". Only if you take it further to the next step (which is the court aka "Mietgericht") then you most likely have to pay for the court costs (depending on what kind of legal insurance you have + if you in the end have right or not).

I hope I could help you to have a clearer overview.

Cheers
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Old 18.11.2013, 10:30
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Re: Who pays for a Schlichtungsverfahren

Thank you Spillmoreoil. I'll post an update after the 12th December when I have my hearing.

It's definitely a good system to have in place but I hope I don't have to use them again. I'd just rather have piece and quiet where I'm living
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Old 18.11.2013, 18:03
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Re: Who pays for a Schlichtungsverfahren

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Thank you Spillmoreoil. I'll post an update after the 12th December when I have my hearing.

It's definitely a good system to have in place but I hope I don't have to use them again. I'd just rather have piece and quiet where I'm living
I have been (more than once) and there were no costs for the session.

If you take an expert with you, they may charge you.

Each party is assigned someone who is supposed to represent them. The landlord's representative is usually someone who works in property management. If you German is not adequate to argue, consider taking someone who can argue for you.

Keep in mind this is not court and the parties are meant to try and resolve matters. Most landlords are keen to start getting their rent money paid to them personally.

What I can tell you is that by the the time you get to this stage the relationship between tenant and landlord is so acrimoniuos that living in peace afterwards is rarely possible.

Good luck with this and hope you have a favourable outcome.
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Old 12.12.2013, 18:36
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Re: Who pays for a Schlichtungsverfahren

So my mediation session was today and it went really well. It was in Thun and there were no charges for the process. The landlord took the notice back and I can stay in the apartment. The work to repair the faulty floor will take place and during this time I will find alternative accommodation, not pay rent or utilities and can move right back in as soon as the work is completed. Result!
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Old 12.12.2013, 18:48
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Re: Who pays for a Schlichtungsverfahren

Isn't this "Schlichtungsverfahren" applicable to all sorts of disputes and not only landlord-tenant disputes? As I understand, this a step before going the actual Legal route.
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Old 12.12.2013, 20:10
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Re: Who pays for a Schlichtungsverfahren

as I understood it you can go to the Schlichtungsamt for anything but will have to pay for certain things if it comes to a mediation session like mine today. I didn't have to pay because rental issues are covered for free. If we hadn't have come to an agreement though it would have gone to court and then of course fees would have been applied.
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