Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #21  
Old 01.03.2017, 19:29
curley's Avatar
Forum Legend
 
Join Date: Oct 2006
Location: canton ZH
Posts: 11,485
Groaned at 183 Times in 151 Posts
Thanked 12,903 Times in 6,746 Posts
curley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond repute
Re: Building managing dispute bringing trouble to the tenants

Quote:
View Post
Especially if there everyone is not in agreement, and even over a year if they are. Tom
A year? I wish! Over 20 people, most in Germany, some in the US, an inefficient "Erben-Bevollmächtigter", one lazy bugger who can't be bothered to sign the necessary papers ..... we're at it since 2013!
And we do not have an appartment house! So I can only repeat: Blocked account and OP goes on with her life
Reply With Quote
  #22  
Old 01.03.2017, 19:35
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 29,150
Groaned at 2,042 Times in 1,527 Posts
Thanked 34,705 Times in 16,486 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Building managing dispute bringing trouble to the tenants

Quote:
View Post
A year? I wish! Over 20 people, most in Germany, some in the US, an inefficient "Erben-Bevollmächtigter", one lazy bugger who can't be bothered to sign the necessary papers ..... we're at it since 2013!
And we do not have an appartment house! So I can only repeat: Blocked account and OP goes on with her life
A year IF EVERYONE IS IN AGREEMENT!

We're still dealing with stuff from MIL who died in 2011 in Switzerland, and are still waiting for the Italian inheritance certificat so that we can deal with the stuff there!

(I am for all intents and purposes the assistant to the executor, who in turn is my wife's main lawyer)

Tom
Reply With Quote
  #23  
Old 01.03.2017, 19:45
curley's Avatar
Forum Legend
 
Join Date: Oct 2006
Location: canton ZH
Posts: 11,485
Groaned at 183 Times in 151 Posts
Thanked 12,903 Times in 6,746 Posts
curley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond repute
Re: Building managing dispute bringing trouble to the tenants

Quote:
View Post
A year IF EVERYONE IS IN AGREEMENT!

We're still dealing with stuff from MIL who died in 2011 in Switzerland, and are still waiting for the Italian inheritance certificat so that we can deal with the stuff there!

(I am for all intents and purposes the assistant to the executor, who in turn is my wife's main lawyer)Tom
Yeah, I became the "assistant" of ours (because I was the first on the list so everybody from taxpeople to banks started pestering me, so I thought I might as well) last year. That is why we will probably close the case next month
Reply With Quote
This user would like to thank curley for this useful post:
  #24  
Old 01.03.2017, 19:54
Newbie
 
Join Date: Nov 2016
Location: Pratteln
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 6 Posts
deuxgod has earned some respectdeuxgod has earned some respect
Re: Building managing dispute bringing trouble to the tenants

Thank you all for your suggestions.

For now, our plan is to create an email with our intentions and send to both agencies and attorney in CC. Let them know that we need irrefutable proof that indeed the new agency is the responsible for the building management. If refused we will keep paying Spaini and let them know that in any problem just solve it themselves. In case they do send proof, I guess we will pay to adrian.muller. and if there's no consensus we plan to open a locked account where we will deposit the rent until proof of ownership.

Tomorrow will see if I can get any information from the Grundbuchamt regarding the building. If not, we will just stick to the plan and see how it goes from there...
Reply With Quote
This user would like to thank deuxgod for this useful post:
  #25  
Old 01.03.2017, 20:07
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,279
Groaned at 97 Times in 86 Posts
Thanked 18,764 Times in 8,322 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: Building managing dispute bringing trouble to the tenants

Quote:
View Post
Thank you all for your suggestions.

For now, our plan is to create an email with our intentions and send to both agencies and attorney in CC. Let them know that we need irrefutable proof that indeed the new agency is the responsible for the building management. If refused we will keep paying Spaini and let them know that in any problem just solve it themselves. In case they do send proof, I guess we will pay to adrian.muller. and if there's no consensus we plan to open a locked account where we will deposit the rent until proof of ownership.
Email is all good when all are happy and replying. But even if they are replying and you are at the stage where locked account seems to be necessary you really must first use registered mail, and state a clear dealine, and mention the locked account or you may be in big trouble and may face eviction.

Sorry, for mentioning it again. But is one of the few things in life where the correct protocol and porcedure is very important and makes a big difference.
Reply With Quote
The following 8 users would like to thank aSwissInTheUS for this useful post:
  #26  
Old 01.03.2017, 20:16
Newbie
 
Join Date: Nov 2016
Location: Pratteln
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 6 Posts
deuxgod has earned some respectdeuxgod has earned some respect
Re: Building managing dispute bringing trouble to the tenants

Quote:
View Post
Email is all good when all are happy and replying. But even if they are replying and you are at the stage where locked account seems to be necessary you really must first use registered mail, and state a clear dealine, and mention the locked account or you may be in big trouble and may face eviction.

Sorry, for mentioning it again. But is one of the few things in life where the correct protocol and porcedure is very important and makes a big difference.
Yes of course. The email is just to give them a heads up on our intentions in case they don't get their crap together. Wanna see if there's any movement from anyone till the end of the week, otherwise, we'll start moving to the next step of registered mail.
Reply With Quote
This user would like to thank deuxgod for this useful post:
  #27  
Old 01.03.2017, 20:30
Verbier's Avatar
Forum Legend
 
Join Date: Jul 2008
Location: Lully VD
Posts: 4,249
Groaned at 16 Times in 16 Posts
Thanked 4,425 Times in 2,262 Posts
Verbier has a reputation beyond reputeVerbier has a reputation beyond reputeVerbier has a reputation beyond reputeVerbier has a reputation beyond reputeVerbier has a reputation beyond reputeVerbier has a reputation beyond repute
Re: Building managing dispute bringing trouble to the tenants

Quote:
View Post
Thank you all for your suggestions.

For now, our plan is to create an email with our intentions and send to both agencies and attorney in CC. Let them know that we need irrefutable proof that indeed the new agency is the responsible for the building management. If refused we will keep paying Spaini and let them know that in any problem just solve it themselves. In case they do send proof, I guess we will pay to adrian.muller. and if there's no consensus we plan to open a locked account where we will deposit the rent until proof of ownership.

Tomorrow will see if I can get any information from the Grundbuchamt regarding the building. If not, we will just stick to the plan and see how it goes from there...
I would not do this. You can send an email with the blah blah but you still need to get some legal advice or you will (one way or another) end up paying TWICE. I would seriously get moving on the blocked account option (once you have talked to the renters association). The renters association should be your first step.
Reply With Quote
The following 2 users would like to thank Verbier for this useful post:
  #28  
Old 01.03.2017, 20:32
Guest
 
Posts: n/a
Re: Building managing dispute bringing trouble to the tenants

Good luck.
Just when I think everything has been said on EF, someone comes up with yet another unimaginable hurdle in life. I think I have lived most of mine like an ostrich with its head in the sand which I can only see as a good thing 'cos it means I haven't come up against such issues.
Reply With Quote
  #29  
Old 01.03.2017, 20:46
3Wishes's Avatar
Moderately Amused
 
Join Date: Jul 2010
Location: Bern area
Posts: 10,691
Groaned at 77 Times in 74 Posts
Thanked 17,728 Times in 7,961 Posts
3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute
Re: Building managing dispute bringing trouble to the tenants

Quote:
View Post
...The email is just to give them a heads up on our intentions in case they don't get their crap together...
Yeh, no. I don't think that's a good idea. It's easy and quick for you but it won't resolve anything (you already know this in your heart).

They do not deserve a heads-up of what you're thinking, because they're just going to come back with more nonsense, which will drag out until it's time for the April payment and then you still won't know what to do.

Skip the email and go straight to registered letter and blocked account. And join the Mieterverband/Asloca immediately and ask for their help in crafting the letter if you have any questions or doubts.
Reply With Quote
The following 8 users would like to thank 3Wishes for this useful post:
  #30  
Old 02.03.2017, 10:11
Forum Legend
 
Join Date: Oct 2014
Location: Ostschweiz
Posts: 8,045
Groaned at 348 Times in 282 Posts
Thanked 10,400 Times in 5,497 Posts
Urs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond repute
Re: Building managing dispute bringing trouble to the tenants

Since this hasn't been mentioned yet:

The government agency that will handle this is the Schlichtungsstelle Basellandschaft. They work for free and provide free verbal legal help, you will need their verdict to open the dedicated account (not sure but you probably could open the account first and complain within 30 days, but that still requires the registered letter to the landlord).

This is just an anonymous message board that may or may not be giving good advice, contacting the Schlichtungsstelle and joining the Mieterverband should be your two first actions, followed by the registered letter that the Mieterverband will probably help write or provide a template for.
Reply With Quote
The following 8 users would like to thank Urs Max for this useful post:
  #31  
Old 02.03.2017, 10:48
Newbie
 
Join Date: Nov 2016
Location: Pratteln
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 6 Posts
deuxgod has earned some respectdeuxgod has earned some respect
Quote:
View Post
Since this hasn't been mentioned yet:

The government agency that will handle this is the Schlichtungsstelle Basellandschaft. They work for free and provide free verbal legal help, you will need their verdict to open the dedicated account (not sure but you probably could open the account first and complain within 30 days, but that still requires the registered letter to the landlord).

This is just an anonymous message board that may or may not be giving good advice, contacting the Schlichtungsstelle and joining the Mieterverband should be your two first actions, followed by the registered letter that the Mieterverband will probably help write or provide a template for.
Thank you for your input on the matter. I tried to give them a call but nobody picked up despite being in between their working hours. I will try to ring them again during the day to see if I can speak with anyone.

Sat together with my wife last night and after serious consideration of all the input, we are thinking of contacting a law firm to sort the matter for us. When we lived in Zurich we had a law firm, to whom we paid an annuity, and they would sort all our legal matters or questions.

Also, when walking the dogs this morning, I spoke with one of our neighbors that has legal counseling and told me that he took all the paperwork to his lawyer, whom after inspecting and contacting both parties, told him that adrian.mueller is by law the rightful building manager agency.

So from the tenants with who I spoke, those who didn't get legal counseling will keep paying the rent to Spaini. Those who got legal counseling will pay to adrian.mueller.

I little update on the situation.

I managed to contact the Schlichtungsstelle Basellandschaft and after explaining carefully the situation they advised me to keep paying the rent to Spaini AG and to demand a proof of managing and/or ownership from adrian.mueller and to keep everything registered just in case.

I have written an email to the lawyer of the process, with Spaini and adrian.mueller in CC stating that after advising from Schlichtungsstelle Basellandschaft I will keep paying the rent to Spaini and that any money that adrian.mueller considers rightfully theirs, they should seek it from Spaini, until receiving proof of managing from them.

Now we play the waiting game to see how this will play out. In last case we will seek for judicial assistance from a lawyer. Let's just hope that won't be the case cause we are not in the mood to waste money because of other's problems.

It seems I can't edit the upper posts, guess because I'm a newbie, so I kindly ask a mod to merge the posts.

I would like to give some update, just in case someone finds himself in the same situation.

After sending the email for all parties involved, the attorney/executor replied and sent me a "WILLENSVOLLSTRECKERBESCHEINIGUNG", confirming that he's indeed the legal executor nominated by the deceased, together with the letter that was sent to Spaini AG on June 2016 to let them know that after December 31, 2016 they wouldn't be the building managers anymore (this doesn't require any confirmation by authorities or law, executors are free to nominate other state managers as they seem fit). And finally a letter from Grundbuchamt that confirms the land register.

So that's that, despite the scumbag attitude from adrian.mueller, they are definitely the rightful building managers and by law, the ones who should receive the rent from April on. Spaini AG was just delaying everything in the hope of the process to be finished and their client inherits the building (or so I think).

I would like to say thank you all who gave me assistance and leads in this matter. Not only you helped me saving money in legal assistance, but also you restored my peace of mind.

Last edited by 3Wishes; 02.03.2017 at 23:50. Reason: merging consecutive replies
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Help! New building warranty claim dispute teddykins1984 Housing in general 8 25.04.2016 11:27
Introducing us to the rest of the building Oblio Daily life 26 17.06.2015 01:26
BSCC Basel: "Roche Building 1 - Bringing a landmark to life" FionaR Commercial events 0 03.02.2012 14:26
Managing Attachments in the editing posts feature Mrs. Doolittle Forum support 11 16.08.2010 11:12


All times are GMT +2. The time now is 12:24.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0