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Old 25.01.2016, 14:03
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What rights if landlord does construction on house that is not in our lease?

We signed a year to year lease last year on a home which we knew was going to have 2 villas constructed at the back end of the property. This parcel of construction was noted in the lease as well as a clause stating that we would were aware of the possibility of contstruction on this parcel and that we were not entitled to ask for a rent reduction due to this construction. Because of this, we asked and got a clause in the lease which allows us to give 90 days notice as soon as construction starts if the noise is too much.

Fast forward after we signed the lease with the above conditions and the canton told the owner they had to do a roof and square footage reduction on the home in which we live as a condition for building the two villas described above. That means a construction project of 4-5 months on the house in which we are living. This project was NOT in our lease.

We feel that we are paying too much to be in this situation. We went to ASLOCA and they suggested asking for a rent reduction but we do not feel the landlord will agree as he feels he has already reduced the rent to take the construction of the villas into account. This is arguable as rents in our area have dropped dramatically as of late. ASLOCA suggested that if they do not agree to a rent reduction, that we document the whole of the project and then go through the judiciary to request a reduction after the fact. But that means we have to hang in there throughout the entire project. I mean they have to move our hot water and furnace to do this, not exactly convenient!

Even though we have a 90 days clause for construction on the other project, we are wondering if in fact this second undocumented construction project makes the lease void or at least gives us the right to break the lease as we did not sign up for this project?

Knowing we might have issues we did take out judicial insurance, but we'ld rather just move with no repercussions than go that route...

Advice? Thanks!
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Old 25.01.2016, 14:31
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Re: What rights if landlord does construction on house that is not in our lease?

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Advice? Thanks!
Go to a specialist on these matters - ASLOCA for instance.

Oh, you already have? Then why the buggery bollocks are you asking a bunch of retarded auslanders with too much time on their hands what you should do.

This is Ken - Ken cuts the crap.

Last edited by dodgyken; 25.01.2016 at 14:56.
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Old 25.01.2016, 14:54
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Re: What rights if landlord does construction on house that is not in our lease?

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Go to a specialist on these matters - ASLOCA for instance.

Oh, you already have? Then why the buggery bollocks are you asking a bunch or retarded auslanders with too much time on their hands what you should do.


This is Ken - Ken cuts the crap.
Because my first experience with ASLOCA was dodgy and I had the impression they were fly by night lawyers who could really care less. If you do a bit of research on that outfit you will find highly mixed reviews. By the way, wake up to the 21st century the word "retard" is no longer acceptable, except perhaps to describe the likes of someone like you Ken who fancies himself a man saving the world from too much excrement, except for his own perhaps, with which he pleases himself by hurling it at expats like me and other mentally damaged people.
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Old 25.01.2016, 14:57
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Re: What rights if landlord does construction on house that is not in our lease?

Sorry but I agree with Dodgyken (after a fashion). ASLOCA is not a fly by night organisation. They are qualified lawyers specialised in the field of Tenancy Law.

If you don't trust their legal opinion, actually go and consult a different lawyer (and pay for the priveledge). Asking a bunch of strangers on a forum will really not help you. Your situation is not a simple 0815 as they say here. It's slightly more complex.

In short, it would also be my legal opinion (and yes I am a qualified Swiss Lawyer) to request a reduction of the rent provided the contract states exactly what you outline.
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Old 25.01.2016, 14:59
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Re: What rights if landlord does construction on house that is not in our lease?

There is a huge difference between people not liking the answer given by ASLOCA and the answer being wrong.
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Old 25.01.2016, 15:23
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Re: What rights if landlord does construction on house that is not in our lease?

So just out of curiosity, I assume the issue is still the same as you posted in this thread here: Need advice on lying landlord/unforeseen construction

According to that you were aware of this construction required to take place on the property you're living in back in June. Your contract allowes you to terminate with a 30 day notice after 9 months. Assuming you signed the lease to start in June you have 3 months to go to get out of the contract and the construction hasn't started.

In todays post you mention you can give 90 days notice if it gets too noisy once they start their work. So eitherway you can be out of there in April. That's about 2 months of noise to put up with.

Construction doesn't void a rental agreement. But I'm sure the ASLOCA already told you that...

So, seeing as you've actually known that this additional construction was coming for a good 6 months.... What have you actually done about it in that time?
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Old 25.01.2016, 15:47
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Re: What rights if landlord does construction on house that is not in our lease?

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By the way, wake up to the 21st century the word "retard" is no longer acceptable
It is in Switzerland.

For example, on my twin sparked Guzzis the timing is generally retarded.

Tom
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Old 25.01.2016, 15:51
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Re: What rights if landlord does construction on house that is not in our lease?

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It is in Switzerland.

For example, on my twin sparked Guzzis the timing is generally retarded.

Tom
ROFLMAO

EF headline: "Tom admits to being retarded"
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Old 25.01.2016, 16:02
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Re: What rights if landlord does construction on house that is not in our lease?

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ROFLMAO

EF headline: "Tom admits to being retarded"
Not me, the bikes!

Tom
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Old 25.01.2016, 16:16
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Re: What rights if landlord does construction on house that is not in our lease?

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Not me, the bikes!

Tom
They're loud and (ob)noxious too
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Old 25.01.2016, 16:18
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Re: What rights if landlord does construction on house that is not in our lease?

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They're loud and (ob)noxious too
They were, but they all have DB-killers now, though the Ducatis all have those noisy multi-plate dry clutches that sound like they are about to grenade!

Tom
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Old 25.01.2016, 16:28
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Re: What rights if landlord does construction on house that is not in our lease?

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They were, but they all have DB-killers now, though the Ducatis all have those noisy multi-plate dry clutches that sound like they are about to grenade!
I have one car that feels like it should be illegal - I am trying to find details of the relevant directive on how it is measured - the only thing I can find is 74db - but not details on from where - at what engine speed etc
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Old 25.01.2016, 16:33
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Re: What rights if landlord does construction on house that is not in our lease?

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I have one car that feels like it should be illegal - I am trying to find details of the relevant directive on how it is measured - the only thing I can find is 74db - but not details on from where - at what engine speed etc
Wait for ASwissInTheUS to respond, he'll know.

Tom
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Old 25.01.2016, 16:35
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Re: What rights if landlord does construction on house that is not in our lease?

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Wait for ASwissInTheUS to respond, he'll know.

Tom
EU requirement is 68db by 2028

Where's the fun in that?
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Old 25.01.2016, 16:38
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Re: What rights if landlord does construction on house that is not in our lease?

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They were, but they all have DB-killers now,
Tom
Why are you trying to kill DB.
He seems like a fairly innocuous sort of a chap to me.
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Old 25.01.2016, 17:24
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Re: What rights if landlord does construction on house that is not in our lease?

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I have one car that feels like it should be illegal - I
If you car is illegal it will be deported after the upcoming vote.
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Old 25.01.2016, 17:38
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Re: What rights if landlord does construction on house that is not in our lease?

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EU requirement is 68db by 2028

Where's the fun in that?
a) don't live in the EU

b) only have old vehicles

Tom
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Old 25.01.2016, 18:02
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Re: What rights if landlord does construction on house that is not in our lease?

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Because my first experience with ASLOCA was dodgy and I had the impression they were fly by night lawyers who could really care less. If you do a bit of research on that outfit you will find highly mixed reviews...
Trying to get somewhat back on-topic...Are you sure you're talking about ASLOCA? I only know the German equivalent - Mieterverband, and that people often confuse it with another company - Mieterschutz? The second one is not the official tenants' association and based on reviews here is not reputable. Any chance you've wound up with the wrong agency?

I've never heard of anyone thinking ASLOCA/Mieterverband is dodgy. They do have to follow the laws and won't advise you to follow fantasy ideas that will be costly. If they they recommend seeking a reduction, why not try?

Your landlord might not want to agree to a reduced rent, but what is his option? You can give notice and move out and then he's got no income because it will be very difficult to get someone to move in while the construction is underway A) on the house and B) on the villas. So I think you have a decent negotiating position.

It's unclear from your post what your ultimate goal is. Do you want to stay where you are and just pay a reduced rent? Do you want to move and not deal with the hassle? Maybe start with that and then decide what to do.
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