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  #41  
Old 17.02.2015, 12:21
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Re: Can I request a new cooker?

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If it wasn't working properly and was 25 days old, you'd still need to replace or repair it.
If it was 25 days old, it'd still be under warranty

To spend 150 plus on repairing or band aiding a geriatric appliance - that'll in all probability will go tits again up sooner rather than later - rather than putting that money towards a replacement that'll do another 20 yrs plus, is a bit of a false economy, imo.
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  #42  
Old 17.02.2015, 14:19
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Re: Can I request a new cooker?

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You may be resposible for the repair cost if it's deemed a "small repair", so be wary. It varies from contract to contract, but if the repair is, say, 150 CHF or less then the cost might be yours.
Nope, it doesn't vary from contract to contract, it's stipulated by law: ANY repair that requires specialist skills -- and appliance repair definitely falls into this -- automatically no longer falls under "kleiner Unterhalt". The law says expressly that if a repair requires a specialist to come out, it's the landlord's responsibility.

The "kleiner Unterhalt" law is designed to keep people from calling (and billing the landlord for) an electrician to replace a light bulb, a plasterer to fix nail holes, or a plumber to replace a shower hose, since those are things a normal person can do themselves without special knowledge or special tools.


As for the case at hand: I second the approach of simply stating that the oven is malfunctioning, could they please send someone out to look at it. One of two things is likely to happen: they'll send someone out to look at it, and it'll be fixed (in which case you will have a working oven), but given its age, I suspect they'd more likely just say "oh, really? OK, we'll see about getting a new one, it can't possibly be worthwhile to repair". (That is precisely what happened with the fridge at my old place.)
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  #43  
Old 17.02.2015, 14:23
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Re: Can I request a new cooker?

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Nope, it doesn't vary from contract to contract, it's stipulated by law: ANY repair that requires specialist skills -- and appliance repair definitely falls into this -- automatically no longer falls under "kleiner Unterhalt". The law says expressly that if a repair requires a specialist to come out, it's the landlord's responsibility...
Can you please post a link to the law? Sure would be handy for all the questions we get here!
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  #44  
Old 17.02.2015, 14:51
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Re: Can I request a new cooker?

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Art. 259 Code of Obligations

Defects during the contract
I. Obligation of tenant to carry out minor cleaning and repairs
The tenant or lessee must remedy defects which can be dealt with by minor cleaning or repairs as part of regular maintenance and, depending on local custom, must do so at his own expense.
http://www.admin.ch/opc/en/classifie...009/index.html
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  #45  
Old 17.02.2015, 16:45
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Re: Can I request a new cooker?

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Can you please post a link to the law? Sure would be handy for all the questions we get here!
http://www.law-news.ch/2011/04/klein...ieter-bezahlen

"Da Reparatur- und Reinigungsarbeiten bei technischen Geräten wie Geschirrspüler und Waschmaschine von einem Fachmann vorgenommen werden müsse, fallen diese nicht unter den “kleinen Unterhalt”. Serviceverträge über Reparatur- und Reinigungsarbeiten seien daher in einem solchen Fall nicht zulässig."
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  #46  
Old 17.02.2015, 18:41
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Re: Can I request a new cooker?

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http://www.law-news.ch/2011/04/klein...ieter-bezahlen

"Da Reparatur- und Reinigungsarbeiten bei technischen Geräten wie Geschirrspüler und Waschmaschine von einem Fachmann vorgenommen werden müsse, fallen diese nicht unter den “kleinen Unterhalt”. Serviceverträge über Reparatur- und Reinigungsarbeiten seien daher in einem solchen Fall nicht zulässig."
Google Translate of the above:
"Since repairs and cleaning of technical devices such as a dishwasher and washing machine must be carried out by an expert, this fall is not among the" little maintenance. "Service Contracts for repairs and cleaning are therefore not admissible in such a case."

Please include (rough) translations of any non-English text, so all our members can benefit from the information.
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  #47  
Old 24.02.2015, 13:38
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Re: Can I request a new cooker?

Afternoon all,

So, I politely requested a new oven through my apartments management company and an engineer/electrition inspected it this morning. After 5 minutes he deemed it pretty much useless. Therefore, we will have a new one installed very shortly.

I'll let you know if there is an increase in my rent.

Thanks for all your help and advice.

Cheers

Paul
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