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Old 09.02.2019, 22:30
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Dealing with nasty landlord, any advice/experience?

Dear EFers


I rented a room and turned out to be a nightmare.



Working in another city far away and one-way takes ca. 2 hours, I rented a room near my company to stay a few nights per week. The room is a small furnished studio in a one-family house. The landlord family lives there. It turned out that the landlord is truly nasty (worst I have met in CH). As the room is not my main apartment, legal protection insurance does not cover. I have to deal with it alone. Any suggestion would be great.



Some issues have emerged pretty soon after moved in, mainly due to noise and furniture/device defects. I tried to talk with the landlord, but it is so difficult. Firstly tried to make an appointment, but she always replies that she was busy and stressed, not time. she agreed to have phone calls, but when I call her at the agreed time she never answers the phone. She indeed called me back two times, but only ringed ONCE. I immediately called back again, but no answer anymore. Emails were never replied. If I ring the door bell, she is mad and says "you need to make an appointment". At the end, she only replies SMS or whatsapp messages.



The noise issue. I have only realized after moved in that my room, on the ground floor, is directly under a toilet The family flushes the toilet and showers a lot after 10pm and again from 6am almost everyday. What's worse, they close doors really loud, like someone mad. The replies from the landlord evolved like this:
"sorry, I have a new job and stressed"

--> "my old father is dying, I am stressed"

--> "We are quite and you are stressed, I can offer you tea"

--> "We are perfectly quite, you have problems with your head, go check with a doctor"
Finally she put a cheap earphone on my table to wear.



Damages. The mini-fridge and the table in my room have defects since the beginning. I have complained many times, finally the landlord gave me a roll of tap and a scissor to repair the table.



Other nasty things:
- Landlord asked me a few times to pay 3-month deposit to her private account. I insisted to pay to a deposit account. She finally stopped asking.

- Landlord asked me to pay the rental to an unknown person, different address and different family name. I refused.
- The contract writes "Clean bed linen and towers are available all the time", but the landlord asked me to pay 65.- CHF for a wash. I told her NO way and read your contract. She did not ask for the payment anymore.

- Landlord comes to my room almost every 1-2 days and even two times at middle nigh, after 10pm. She said that she wanted to empty the trash bin and did not know I was there.

- Landlord closes the heating everyday when I am out.

- I helped her to deal with smartphones and laptops issues on the day when I viewed the room. Last week she claimed that the MS Office CD ordered because of my suggest does not work and I have to pay 140.-. I told her to pay for my time at 180.- CHF/hour. She stopped her bullshit until now.



Truly bad luck to have to deal with such a person



I went to the local arbitration authority (Schlichtungsbehörd) last week. A friendly young man there suggested me to go through a procedure, which I do not fully understand yet. I will make an appointment with the MV next week to figure out.



I have evidences with SMS and whatsapp messages, not sure whether valid from a legal point of view.



Thanks for reading. Any suggest or experience is truly appreciated.


Good weekend.
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  #2  
Old 09.02.2019, 22:33
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Re: Dealing with nasty landlord, any advice/experience?

Don't furnished rooms have a notification period of 1 month generally? If so, quit and find a new place.

Ps. I liked the part about toilet flushing after 10 pm
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Old 09.02.2019, 23:10
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Re: Dealing with nasty landlord, any advice/experience?

Sounds like it's time to move.
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Old 10.02.2019, 08:09
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Re: Dealing with nasty landlord, any advice/experience?

Just move. Totally unacceptable situation.
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Old 10.02.2019, 09:41
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Re: Dealing with nasty landlord, any advice/experience?

Depends how cheap your digs are. The cheaper it is the more crazy it gets.
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Old 10.02.2019, 09:52
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Re: Dealing with nasty landlord, any advice/experience?

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Dear EFers


I rented a room and turned out to be a nightmare.



Working in another city far away and one-way takes ca. 2 hours, I rented a room near my company to stay a few nights per week. The room is a small furnished studio in a one-family house. The landlord family lives there. It turned out that the landlord is truly nasty (worst I have met in CH). As the room is not my main apartment, legal protection insurance does not cover. I have to deal with it alone. Any suggestion would be great.



Some issues have emerged pretty soon after moved in, mainly due to noise and furniture/device defects. I tried to talk with the landlord, but it is so difficult. Firstly tried to make an appointment, but she always replies that she was busy and stressed, not time. she agreed to have phone calls, but when I call her at the agreed time she never answers the phone. She indeed called me back two times, but only ringed ONCE. I immediately called back again, but no answer anymore. Emails were never replied. If I ring the door bell, she is mad and says "you need to make an appointment". At the end, she only replies SMS or whatsapp messages.



The noise issue. I have only realized after moved in that my room, on the ground floor, is directly under a toilet The family flushes the toilet and showers a lot after 10pm and again from 6am almost everyday. What's worse, they close doors really loud, like someone mad. The replies from the landlord evolved like this:
"sorry, I have a new job and stressed"

--> "my old father is dying, I am stressed"

--> "We are quite and you are stressed, I can offer you tea"

--> "We are perfectly quite, you have problems with your head, go check with a doctor"
Finally she put a cheap earphone on my table to wear.



Damages. The mini-fridge and the table in my room have defects since the beginning. I have complained many times, finally the landlord gave me a roll of tap and a scissor to repair the table.



Other nasty things:
- Landlord asked me a few times to pay 3-month deposit to her private account. I insisted to pay to a deposit account. She finally stopped asking.

- Landlord asked me to pay the rental to an unknown person, different address and different family name. I refused.
- The contract writes "Clean bed linen and towers are available all the time", but the landlord asked me to pay 65.- CHF for a wash. I told her NO way and read your contract. She did not ask for the payment anymore.

- Landlord comes to my room almost every 1-2 days and even two times at middle nigh, after 10pm. She said that she wanted to empty the trash bin and did not know I was there.

- Landlord closes the heating everyday when I am out.

- I helped her to deal with smartphones and laptops issues on the day when I viewed the room. Last week she claimed that the MS Office CD ordered because of my suggest does not work and I have to pay 140.-. I told her to pay for my time at 180.- CHF/hour. She stopped her bullshit until now.



Truly bad luck to have to deal with such a person



I went to the local arbitration authority (Schlichtungsbehörd) last week. A friendly young man there suggested me to go through a procedure, which I do not fully understand yet. I will make an appointment with the MV next week to figure out.



I have evidences with SMS and whatsapp messages, not sure whether valid from a legal point of view.



Thanks for reading. Any suggest or experience is truly appreciated.


Good weekend.
Just put your efforts into finding a new place... why would you try and put up with this situation?
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Old 10.02.2019, 10:16
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Re: Dealing with nasty landlord, any advice/experience?

I agree too. You need to move.
Perhaps the landlord lady herself doesn't know how bad of a landlord she is. She puts up with the 'annoying' (in her mind) tenant because she needs extra cash. You put up with her perhaps because you want to put things right, finish what you started.
It's like you are in an unhappy rental 'marriage'. I said it to lighten the mood.
Choose your battles, do not fight them all. This one is not worth your time and nerve.
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Old 10.02.2019, 10:37
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Re: Dealing with nasty landlord, any advice/experience?

I don't see a problem with the landlord.

Tom
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Old 10.02.2019, 11:19
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Re: Dealing with nasty landlord, any advice/experience?

Be sure to read your rental contract, so you can give notice formally and correctly. If something about the notice period seems odd, ask the Mieterverband/ASLOCA whether it is legally binding.
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Old 10.02.2019, 12:15
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Re: Dealing with nasty landlord, any advice/experience?

When researching available flats for a longer period of time, I noticed there were a few flats that were advertised again and again. Although the rent was not utterly unreasonable, it was obvious people were not renting these flats or moving out ASAP for a reason

It's unfortunate that there's not a "tripadvisor" for flats to warn people off impossible situations like yours.

I agree with the other posters: move! Good luck.
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Old 11.02.2019, 09:34
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Re: Dealing with nasty landlord, any advice/experience?

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Don't furnished rooms have a notification period of 1 month generally? If so, quit and find a new place.
By law it's two weeks, though it can be longer by contract. However, unless the contract says something different, it must have run for a multiple of full months. That is, if it started mid-month, say, it can only be canceled per mid-month as well.

Btw unless the renter is fine with it, neither main renter nor owner can enter the room, it's off limits to them (with the expecption of emergencies like a fire). They have the right to access the room to make sure things are Ok, but that can't happen too often and even then they can't enter the room if the renter's absent unless explicit permission was given.

OP, why do you stay? Is moving on not an option, and if so why?
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Old 11.02.2019, 12:43
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Re: Dealing with nasty landlord, any advice/experience?

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Be sure to read your rental contract, so you can give notice formally and correctly. If something about the notice period seems odd, ask the Mieterverband/ASLOCA whether it is legally binding.
is there a contract is the question. We have had students and lodgers in the UK for 20+ years- and never ever a contract.
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Old 11.02.2019, 12:46
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Re: Dealing with nasty landlord, any advice/experience?

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is there a contract is the question. We have had students and lodgers in the UK for 20+ years- and never ever a contract.
So they were your guests which stayed for free?

Note: A contract does not have to be in form of a paper with text and signatures.
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Old 11.02.2019, 22:03
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Re: Dealing with nasty landlord, any advice/experience?

The contract cannot be terminated before end of August 2019, unless I find another tenant to take over the contract. I won't cheat others to take such a NICE room.

I have decided to travel daily back to Zurich once this issue is settled.

The original advertisement described the room as "very quite". Maybe I can ask for a rental reduction. It cannot be quite to under a toilet.
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Old 11.02.2019, 22:06
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Re: Dealing with nasty landlord, any advice/experience?

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I don't see a problem with the landlord.

Tom
She claimed that "my last 15 tenants were very happy with the room"
Tell me: are you one of them?
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Old 11.02.2019, 22:14
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Re: Dealing with nasty landlord, any advice/experience?

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Depends how cheap your digs are. The cheaper it is the more crazy it gets.
Not (so) cheap. 500 CHF/month for 3 nights/week.
It seems to be more likely to run into troubles when renting a property directly from the owner. I have heard quite a few bad experiences.
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Old 12.02.2019, 16:20
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Re: Dealing with nasty landlord, any advice/experience?

Use the Art 259a, Art 259b and Art 259d of Code of Obligations in your benefit.

As per the Art 259a CO you send her a registered letter indicating the defects of your fridge and table, in this letter you should explicitly give her a time for her to fix them and explicitly informs that after this date you are willing to pay the rent under consignment.

Quote:
Selon l'article 259a CO :"Lorsqu'apparaissent des défauts de la chose qui ne sont pas imputables au locataire et auxquels il n'est pas tenu de remédier à ses frais ou lorsque le locataire est empêché d'user de la chose conformément au contrat, il peut exiger du bailleur :
a)la remise en état de la chose;
b)une réduction proportionnelle du loyer;
c)des dommages-intérêts;
d)la prise en charge du procès contre un tiers.

Le locataire d'un immeuble peut en outre consigner le loyer."


Selon l'article 259b CO :"Lorsque le bailleur a connaissance d'un défaut et qu'il n'y a pas remédié dans un délai raisonnable, le locataire peut :
a)Résilier le contrat avec effet immédiat si le défaut exclut ou entrave considérablement l'usage pour lequel un immeuble a été loué (...).
b)Remédier au défaut aux frais du bailleur si le défaut restreint, sans l'entraver considérablement, l'usage pour lequel la chose a été louée."


Selon l'article 259d CO :"Si le défaut entrave ou restreint l'usage pour lequel la chose a été louée, le locataire peut exiger du bailleur une réduction proportionnelle du loyer à partir du moment où le bailleur a eu connaissance du défaut et jusqu'à l'élimination de ce dernier."


Selon l'article 259g CO :"Le locataire d'un immeuble qui exige la réparation d'un défaut doit fixer par écrit au bailleur un délai raisonnable à cet effet; il peut lui signifier qu'à défaut de réparation dans ce délai, il consignera auprès d'un office désigné par le canton les loyers à échoir. Le locataire avisera par écrit le bailleur de son intention de consigner les loyers. Les loyers consignés sont réputés payés."


Last edited by brunobriner; 12.02.2019 at 16:32.
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Old 14.02.2019, 14:18
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Re: Dealing with nasty landlord, any advice/experience?

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Use the Art 259a, Art 259b and Art 259d of Code of Obligations in your benefit.

As per the Art 259a CO you send her a registered letter indicating the defects of your fridge and table, in this letter you should explicitly give her a time for her to fix them and explicitly informs that after this date you are willing to pay the rent under consignment.
I am curious how could you know so much about the articles in the CO? It is almost 500 pages.
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Old 09.04.2019, 20:33
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Re: Dealing with nasty landlord, any advice/experience?

Yesterday I signed a deal with the landlord at the Schlechtungsbehörde and now come back to summarize my experience, as my thanks for the useful replies at EF.
I have had discussed in person with various organizations during the process:
- the Mietrechtsberatung (tenancy advice), which is free, neutral, and part of the Schlechtungsbehörde
- the MV
- the legal insurance
All of them have done more than I have expected. The MV wrote a letter for me. The legal insurance sent a lawyer for the Schlechtungsbehörde session.
The Schlechtungsbehörde has tried hard to make an agreement. The session lasted about 3 hours, instead of the planned 1 hour, and ended at 7pm. I know that they do not have to make any judge proposal and then I have to go to the formal court (Mietgerecht) or give up. A strange thing is that the lady from MV did not say a single word during the whole process.
The whole process was stressful and time consuming. I have started to have sleeping issues last week. Now I am happy to conclude it.
Finally I recommend to join the MV if you rent and to have a good legal insurance. It will worth the cost if you need it only once in 20 years.
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