Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 28.06.2017, 18:12
Newbie 1st class
 
Join Date: Nov 2011
Location: Zürich
Posts: 19
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
ziss has no particular reputation at present
About to sign rental contract - is this a warning sign?

I'm about to sign a rental contract for a new apartment, and the landlord sent over the papers. I'm taking over the contract from someone who lives there now.

Among the papers is a form from the Kanton called "Formular zur Mitteilung des Anfangsmietzinses gemäss Art. 270 Abs 2 OR".

One of the fields on the form is "Vorbehalte für allfällige spätere Mietzinserhöhungen gemäss vorherigem Mietvertrag oder letzter Mietzinsanpassung", and the landlord has entered "10% unter dem Titel Orts- und Quartierüblichkeit".

My German isn't very good, but it sounds like this would be something they can use to raise the rent on me by 10% when they feel like it? Does anyone know if this is standard practice or something that should raise red flags?
Reply With Quote
  #2  
Old 28.06.2017, 18:31
Guest
 
Posts: n/a
Re: About to sign rental contract - is this a warning sign?

This is pretty normal.

It simply means that if your property gains a higher marketvalue as for renting out, that the rent can be raised in accordance with the marketvalue. If he does not take this up in the contract then the landlord is legally not allowed to raise the rent later for this reason. Also if he does he still has to prove that the raise is valid. Also it is not said that he would ever do this to you, but it also gives him the freedom to raise the rent with 10% for this reason (when valid) without it disbanding you from your duty to find another renter when you leave, in where you normally would have no obligations anymore if the price got raised.

So no red flag but normal procedure, and congrats with your new housing.
Reply With Quote
The following 2 users would like to thank for this useful post:
  #3  
Old 28.06.2017, 18:35
Newbie 1st class
 
Join Date: Nov 2011
Location: Zürich
Posts: 19
Groaned at 0 Times in 0 Posts
Thanked 1 Time in 1 Post
ziss has no particular reputation at present
Re: About to sign rental contract - is this a warning sign?

Quote:
This is pretty normal.

It simply means that if your property gains a higher marketvalue as for renting out, that the rent can be raised in accordance with the marketvalue. If he does not take this up in the contract then the landlord is legally not allowed to raise the rent later for this reason. Also if he does he still has to prove that the raise is valid. Also it is not said that he would ever do this to you, but it also gives him the freedom to raise the rent with 10% for this reason (when valid) without it disbanding you from your duty to find another renter when you leave, in where you normally would have no obligations anymore if the price got raised.

So no red flag but normal procedure, and congrats with your new housing.
Thanks a lot for the info! Sounds like we're okay then.
Reply With Quote
  #4  
Old 28.06.2017, 19:15
VFR on top's Avatar
Forum Veteran
 
Join Date: Jul 2014
Location: Used to be Basel.
Posts: 1,120
Groaned at 34 Times in 24 Posts
Thanked 2,488 Times in 925 Posts
VFR on top has a reputation beyond reputeVFR on top has a reputation beyond reputeVFR on top has a reputation beyond reputeVFR on top has a reputation beyond reputeVFR on top has a reputation beyond reputeVFR on top has a reputation beyond repute
Re: About to sign rental contract - is this a warning sign?

I freaked out on this one too when I first saw it. I was told it is pretty standard and not to worry. That was 4 years ago. No change in rent.
Reply With Quote
  #5  
Old 28.06.2017, 19:43
Forum Veteran
 
Join Date: Feb 2012
Location: CH
Posts: 2,304
Groaned at 87 Times in 73 Posts
Thanked 2,002 Times in 1,123 Posts
ivank has a reputation beyond reputeivank has a reputation beyond reputeivank has a reputation beyond reputeivank has a reputation beyond repute
Re: About to sign rental contract - is this a warning sign?

They can't raise the rent just so, but you also likely won't get without a fight a reduction that you'd otherwise be entitled to the next time reference rate drops - it'll get cancelled because of this Vorbehalt
Reply With Quote
This user would like to thank ivank for this useful post:
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
Soon to be ex husband has to sign rental contract? TroyP Housing in general 13 23.09.2015 10:23
Is it normal to sign this for a psycho therapy? happyrobbie Family matters/health 22 07.11.2014 22:05
Is this a sign that I must move out ? [Landlord bringing people for sale] jacek Housing in general 23 25.05.2011 23:53
Is it a legal requirement to have a residence to sign an apartment contract? Rach_UK Permits/visas/government 3 15.04.2011 14:53
(Un)reasonable contract clauses? (Still have to sign) muze7 Housing in general 1 09.08.2007 23:46


All times are GMT +2. The time now is 07:44.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0