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Old 05.11.2018, 12:03
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Mold problem -landlady wants me to pay

Hello,
Since 21 March, 2018, Iíve been living in a cellar room, with plastered walls. This room was a cellar bar before, and the landlady renovated it as a living space. Thereís very little sunlight- almost none - even during the day.


It has two windows. But since the day of arrival, I havenít opened that window. I have opened the other one though. I tried many times to open it, but I couldnít. I was afraid of breaking the window. And the windows didnít have any insect nets. The landlady installed the nets just last week. And she saw the molds on the wall, telling me that a mold expert will come inspect the room. And she wants me to pay. She also attached the photos of the receipts from the former mold removal and repainting works. They cost over 7,500 chf (including the anti-fungal painting job) I think that she wants to paint the whole room with the anti-fungal paint, and wants me to pay for it.

Right outside my room, thereís a small sauna, a shower booth, washing machines, a dehumidifier, and a clothes drying rack. And that room has a special anti-mold paint on. But not in my room.


I havenít given any protocol to sign on, before moving into the room. Just a simple contract which has the names of landlady and me, rental period, rental fee, deposit amount (there is no deposit), the payment details of the landlady, and Ąno smoking and cooking in the room!!!ď. So the contract was pretty simple. No information about ventilation institutions and mold. The simple contract was the one and only document that I signed.


I havenít dried clothes in my room, as there are drying racks right in front of my room. Of course, I havenít cooked in my room. The landlady claims that the mold has been formed entirely because I didnít ventilate properly. But I did ventilate. Not a few times a day, though. The area that I live has a lot of insects coming from everywhere such as farms: even 7-8 mosquitoes came in every day during the summer. And the windows had no insect net before.



Therefore, I think the room has some structural deficiency already. And nothing about molds was mentioned on the contract. Also, she hasnít given me any checklist/protocols to sign on. Unfortunately, I am away on vacation now. And she wants to call the mold technician while I am away to get the rates for the works, telling me to pay. In this case, what should I do? I donít think I have to pay... I havenít joined the mieterverband yet. I will pay for the membership and seek help from them as soon as I come back.


Anyways, Iíd be very appreciated if you offer me some suggestions or solutions. Thank you very much.
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Old 05.11.2018, 20:26
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Re: Mold problem -landlady wants me to pay

Are you a member of a tenants association? if not - join now.
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Old 05.11.2018, 20:30
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Re: Mold problem -landlady wants me to pay

Do not agree to anything, either verbally or written.

Do not let anyone in the apartment until the cost aspect is sorted out.

Find somewhere else to live, sounds dreadful.
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Old 05.11.2018, 20:34
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Re: Mold problem -landlady wants me to pay

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Hello,
Since 21 March, 2018, I’ve been living in a cellar room, with plastered walls. This room was a cellar bar before, and the landlady renovated it as a living space. There’s very little sunlight- almost none - even during the day.


It has two windows. But since the day of arrival, I haven’t opened that window. I have opened the other one though. I tried many times to open it, but I couldn’t. I was afraid of breaking the window. And the windows didn’t have any insect nets. The landlady installed the nets just last week. And she saw the molds on the wall, telling me that a mold expert will come inspect the room. And she wants me to pay. She also attached the photos of the receipts from the former mold removal and repainting works. They cost over 7,500 chf (including the anti-fungal painting job) I think that she wants to paint the whole room with the anti-fungal paint, and wants me to pay for it.

Right outside my room, there’s a small sauna, a shower booth, washing machines, a dehumidifier, and a clothes drying rack. And that room has a special anti-mold paint on. But not in my room.


I haven’t given any protocol to sign on, before moving into the room. Just a simple contract which has the names of landlady and me, rental period, rental fee, deposit amount (there is no deposit), the payment details of the landlady, and „no smoking and cooking in the room!!!“. So the contract was pretty simple. No information about ventilation institutions and mold. The simple contract was the one and only document that I signed.


I haven’t dried clothes in my room, as there are drying racks right in front of my room. Of course, I haven’t cooked in my room. The landlady claims that the mold has been formed entirely because I didn’t ventilate properly. But I did ventilate. Not a few times a day, though. The area that I live has a lot of insects coming from everywhere such as farms: even 7-8 mosquitoes came in every day during the summer. And the windows had no insect net before.



Therefore, I think the room has some structural deficiency already. And nothing about molds was mentioned on the contract. Also, she hasn’t given me any checklist/protocols to sign on. Unfortunately, I am away on vacation now. And she wants to call the mold technician while I am away to get the rates for the works, telling me to pay. In this case, what should I do? I don’t think I have to pay... I haven’t joined the mieterverband yet. I will pay for the membership and seek help from them as soon as I come back.


Anyways, I’d be very appreciated if you offer me some suggestions or solutions. Thank you very much.
She is trying to screw you. Forbid her from having any work carried out while you are away and make it clear that you do not accept liability for any mould problem and state that you do regularly ventilate the apartment and abide by all of her rules.

She cannot make you pay for this, so call the Mietverband (you dont need to be a member and can pay for advice using their hotline, but they do usually speak only German) to clarify your situation.

A landlady cannot simply just charge a tenant 7500chf for mould protection for an entire apartment and what you can do in the meantime while you are making that clear to her is buy some mould spray to kill the existing patches of mould. Oh, and start looking for somewhere else to live.
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Old 05.11.2018, 21:57
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Re: Mold problem -landlady wants me to pay

Is that room even approved as living space?

You're not allowed to live in a hobby-room in the cellar and such rooms may only be rented out as hobby-rooms.
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Old 05.11.2018, 22:59
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Re: Mold problem -landlady wants me to pay

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Is that room even approved as living space?

You're not allowed to live in a hobby-room in the cellar and such rooms may only be rented out as hobby-rooms.
That's what I'm thinking. Get Mieterverband involved now.
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Old 05.11.2018, 23:01
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Re: Mold problem -landlady wants me to pay

If you're not totally dumb, you have a liability insurance. Most if not all such insurances here include an element of legal protection to dodge unjustified damage claims - if things get serious, give your insurer a call, they'll handle it, and pay whatever amount of money, if any, you have to pay by law, minus deductible. No need for Mietverband membership though I suppose that wouldn't hurt

In the meantime deny everything she claims and don't agree to anything that you don't like, she can't make you, don't let her take you for a ride.

Last edited by ivank; 05.11.2018 at 23:11.
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Old 05.11.2018, 23:15
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Re: Mold problem -landlady wants me to pay

I see 2 issues:-

1) Landlord is renting out non habitable space for living.

2) Landlord is trying to get OP to pay for an existing problem that has not been properly fixed from before. The room probably needs a de humidifier to be used on a daily basis.
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Old 05.11.2018, 23:30
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Re: Mold problem -landlady wants me to pay

3) OP has really caused the mold issue. Not opening the window because of no mosquito net? Buy an effing net and install it yourself like the rest of the tenants do in Switzerland. Not informing landlord about thing which do not work? Bad.


@OP: The simple piece of paper is more than enough and actually more than needed to rent a room. All obligations and rights the tenants has are well defined in the Swiss Code of Obligations which has the default provisions for contracts. See starting from Art. 253 Here a link to the English version of it
https://www.admin.ch/opc/en/classifi...ndex.html#a253

See specially Art. 257g regarding the window which you could not open.
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Old 06.11.2018, 00:27
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Re: Mold problem -landlady wants me to pay

How long are you away?



Is there actually mould in your apartment ? And how much ? Do you have photographs ?



If so, firstly I would ask a professional cleaning company to come and deal with the mould. It's not that hard to remove it... and then it needs to be controlled.


You have no idea what the cost will be until it's been discussed.


But it may all be a non-issue if you are living in an illegal apartment...
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Old 06.11.2018, 00:34
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Re: Mold problem -landlady wants me to pay

Hi!

First time on this forum so Iím not so familiar with how it works
Hope you donít mind...

Finally, today she told me to pay for 3500 chf. For the mold removal and the room renovation.
But still, itís a very cheap room in a countryside (500 chf) which was not even a living space before. And thereís no sun coming in the room. The walls are made of cheap materials. And the landlady renovated it on her own, presumably.
I joined mieterverband and would like to seek help from them. Thank you.
I am coming back after 2 days
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Old 06.11.2018, 00:39
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Re: Mold problem -landlady wants me to pay

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3) OP has really caused the mold issue. Not opening the window because of no mosquito net? Buy an effing net and install it yourself like the rest of the tenants do in Switzerland. Not informing landlord about thing which do not work? Bad.


@OP: The simple piece of paper is more than enough and actually more than needed to rent a room. All obligations and rights the tenants has are well defined in the Swiss Code of Obligations which has the default provisions for contracts. See starting from Art. 253 Here a link to the English version of it
https://www.admin.ch/opc/en/classifi...ndex.html#a253

See specially Art. 257g regarding the window which you could not open.


Yes but I ventilated everyday though. Right outside my room there is a sauna and a shower so after shower I had to keep the windows open. Almpst everyday I kept them open all night till the morning, or even the whole day. And there are two windows in my room. I couldnít open one window but the other one I have opened everyday late at night at around 00-02. After I showered.
I opened the whole windows except that one window for 2-30minutes at least.
Of course the landlady hasnít seen me opening the windows because it was so late but I really did.
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Old 06.11.2018, 00:59
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Re: Mold problem -landlady wants me to pay

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Finally, today she told me to pay for 3500 chf
Refuse and tell her that it's her problem. She carries the burden of proof that the damage was caused by you rather than being a structural or renovation problem, you don't have to be defending yourself first.

And get liability insurance to not worry about such things in the future.
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Old 06.11.2018, 04:23
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Re: Mold problem -landlady wants me to pay

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Refuse and tell her that it's her problem. She carries the burden of proof that the damage was caused by you rather than being a structural or renovation problem, you don't have to be defending yourself first.

And get liability insurance to not worry about such things in the future.


I looked up some references but I really donít need to pay I think?
Also she said that according to the mold technician, the mold in my room has been formed solely because of the bad ventilation.... (he checked the room today while I am not there...hahaha) Okay but I really opened the windows?
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Old 06.11.2018, 07:25
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Re: Mold problem -landlady wants me to pay

Well, she can't MAKE you pay. Just flat-out refuse. There's a few dozen people in here that will gladly help you translate the written refusal to German.
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Old 06.11.2018, 08:30
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Re: Mold problem -landlady wants me to pay

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I looked up some references but I really donít need to pay I think?
Also she said that according to the mold technician, the mold in my room has been formed solely because of the bad ventilation.... (he checked the room today while I am not there...hahaha) Okay but I really opened the windows?
Did you give permission for the landlady and workman to enter your rooms in your absence? Entry without permission is only permitted in an emergency (real emergency.....like water flood, have to enter the room to stop the problem. Mould is not an emergency)

I would think the mould is from improper structural ventilation, not wrong-doing from the tenant.
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Old 06.11.2018, 08:36
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Re: Mold problem -landlady wants me to pay

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Hello,
Since 21 March, 2018, Iíve been living in a cellar room, with plastered walls. This room was a cellar bar before, and the landlady renovated it as a living space. Thereís very little sunlight- almost none - even during the day.


It has two windows. But since the day of arrival, I havenít opened that window. I have opened the other one though. I tried many times to open it, but I couldnít. I was afraid of breaking the window. And the windows didnít have any insect nets. The landlady installed the nets just last week. And she saw the molds on the wall, telling me that a mold expert will come inspect the room. And she wants me to pay. She also attached the photos of the receipts from the former mold removal and repainting works. They cost over 7,500 chf (including the anti-fungal painting job) I think that she wants to paint the whole room with the anti-fungal paint, and wants me to pay for it.

Right outside my room, thereís a small sauna, a shower booth, washing machines, a dehumidifier, and a clothes drying rack. And that room has a special anti-mold paint on. But not in my room.


I havenít given any protocol to sign on, before moving into the room. Just a simple contract which has the names of landlady and me, rental period, rental fee, deposit amount (there is no deposit), the payment details of the landlady, and Ąno smoking and cooking in the room!!!ď. So the contract was pretty simple. No information about ventilation institutions and mold. The simple contract was the one and only document that I signed.


I havenít dried clothes in my room, as there are drying racks right in front of my room. Of course, I havenít cooked in my room. The landlady claims that the mold has been formed entirely because I didnít ventilate properly. But I did ventilate. Not a few times a day, though. The area that I live has a lot of insects coming from everywhere such as farms: even 7-8 mosquitoes came in every day during the summer. And the windows had no insect net before.



Therefore, I think the room has some structural deficiency already. And nothing about molds was mentioned on the contract. Also, she hasnít given me any checklist/protocols to sign on. Unfortunately, I am away on vacation now. And she wants to call the mold technician while I am away to get the rates for the works, telling me to pay. In this case, what should I do? I donít think I have to pay... I havenít joined the mieterverband yet. I will pay for the membership and seek help from them as soon as I come back.


Anyways, Iíd be very appreciated if you offer me some suggestions or solutions. Thank you very much.
Report them to the tenants organization. And get out! Why would you move into such a room anyhow? Mould is very very bad for the health and NOTHING will remove it!
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Old 06.11.2018, 08:49
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Re: Mold problem -landlady wants me to pay

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Report them to the tenants organization. And get out! Why would you move into such a room anyhow? Mould is very very bad for the health and NOTHING will remove it!
Except mould remover.
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Old 06.11.2018, 08:51
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Re: Mold problem -landlady wants me to pay

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Except mould remover.
No it does not remove. It will come back again.
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Old 06.11.2018, 10:04
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Re: Mold problem -landlady wants me to pay

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No it does not remove. It will come back again.
Not if the relative humidity is low enough due to ventilation or a dehumidifier.
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