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Old 29.08.2014, 00:25
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Can Schlichtungsstelle's [arbitration] decision be overturned?

Last year we sent our landlord the standard letter to reduce our rent due to negative RPI (negative inflation) but they refused and gave us a strange reason I.e the complex we live in was too expensive to build and they are barely breaking even. Although I don't know what this excuse has to do with the Rent reduction for negative RPI as their excuse is based on bad business decision and nothing to do with the law.

We we took this case to Schlichtungsstelle, which is like an arbitration court and they decided in our favour. Now the landlord is contesting this decision and we need to get a lawyer to represent us in the court. Our legal insurance won't cover this as the letter was sent to the landlord last year and this is classed as a pre-existing case. Therefore, I would like to know if it's common for the courts to overturn the decision of Schlichtungsstelle as we need to factor this in with the investment we will be making in hiring a lawyer and need to weigh up the pros and cons if we should go ahead and fight them full on or cut our losses and stop pursuing for the reduced rent.

Any thoughtful advice would be greatly appreciated.
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Old 29.08.2014, 01:06
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Re: Can Schlichtungsstelle's decision be overturned?

Yes, a Court can overrule the decision of the Schlichtungsbehörde, maybe there is a quaint law he has found, but employing a lawyer will not necessarily win you the case. Strange he did not mention his "New" evidence at the arbitration: which is why I suspect he is trying to scare you off.

Why do you need a lawyer? It is a simple case, and I suspect the landlord is trying you frighten you off. You can just turn up in Court, plead your case, let his lawyer plead his, and let the judge decide. You won't be paying much costs as he brought the case.

The landlord can offset the RPI reduction by pleading he has invested in the building, without raising the rent: so maybe he is trying this tack. Of course you would know if he has improved the facilities since you signed the contract, so be prepared to argue. I don't think he can claim building maintenance, but I believe for instance, he could claim repainting the building, making it look nice and fresh.

Others might have a different view, but good luck!
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Old 29.08.2014, 01:35
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Re: Can Schlichtungsstelle's decision be overturned?

Cheers SBrinz,

The landlord haven't made any improvements as it was already a new build.

I think they will fight this to the tooth and nail, because if we win then this will set a precedent for other 15 to 20 or so apartments to demand rent reduction. So they landlord is just trying his luck as he will lose more in collective rent reduction than to pay for his and our (if we win) legal costs.

Furthermore, the housekeepers salary is way above the average and we don't even see the guy throughout the year except for when it snows and poles the snow. The guy doesn't even do 10% of what he is supposed to do. I guess they are making their money through the nebenkosten.

We can't represent ourselves as we are not confident with our German and English is not a legally recognised language in the courts.
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Old 29.08.2014, 01:52
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Re: Can Schlichtungsstelle's decision be overturned?

Quote:
I think they will fight this to the tooth and nail, because if we win then this will set a precedent for other 15 to 20 or so apartments to demand rent reduction. So they landlord is just trying his luck as he will lose more in collective rent reduction than to pay for his and our (if we win) legal costs.


We can't represent ourselves as we are not confident with our German and English is not a legally recognised language in the courts.
With regards to the first bit. Yes, a court can overrule the decision. But I think you will have a leg to stand on. Try to get the other people in. Let them sign something so that they will participate in the lawyers fee.


For the second part: Try to use the "Unentgeltliche Rechtsaufkunft" which is provided by lawyers three times a week in Zurich. Bring a friend if your German is not good enough and ask them what they think and what it might cost you if you go through with it. Information here https://www.stadt-zuerich.ch/portal/...sauskunft.html
Also you can ask for a Unentgeltlichen Rechtsbeistand. This means that you won't have to pay for a lawyer under certain circumstances. Information for Zurich can be found here http://www.gerichte-zh.ch/fileadmin/...n/M_URB_AV.pdf


Hope that helps!

Last edited by 3Wishes; 06.10.2014 at 20:00. Reason: removed name from quoted text
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Old 29.08.2014, 03:34
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Re: Can Schlichtungsstelle's decision be overturned?

That is why it is a good idea to join the "Mieterverband"
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Old 29.08.2014, 15:39
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Re: Can Schlichtungsstelle's [arbitration] decision be overturned?

Quote:
...they refused and gave us a strange reason I.e the complex we live in was too expensive to build and they are barely breaking even...Now the landlord is contesting this decision and we need to get a lawyer to represent us in the court...
So they're barely breaking even, but they have deep enough pockets to take you to court over at most a few thousand Francs? I agree with others that they're just trying to scare you. Call their bluff. You can probably find someone here that speaks decent German to help you through some of the process. Maybe if you agree to go to court they will back down, as they don't expect you to agree.

Last edited by 3Wishes; 06.10.2014 at 20:01. Reason: removed name from quoted text
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Old 26.05.2016, 08:45
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Re: Can Schlichtungsstelle's [arbitration] decision be overturned?

How did this end? I am interested
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