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-   -   Parking space withdrawn (https://www.englishforum.ch/housing-general/292983-parking-space-withdrawn.html)

GParker 12.07.2019 00:28

Parking space withdrawn
 
Hi I'm new here! Great forum!

Today we got a letter from our landlord giving us notice that our garage parking was being withdrawn without reason. I called the agent and they informed me 3 complaints have been received about the noise my car makes - apparently it scared some child and is 'unbearable'. My car isn't modified in anyway but I admit, in a big concrete tiefgarage it's loud.
The agent said we haven't broken any terms in the lease however, they still have a right to terminate. Now, without parking the apartment is useless and we'll have to move which we really don't want to do.
Do we have a leg to stand on?

EdwinNL 12.07.2019 00:47

Re: Parking space withdrawn
 
Sucks, but they can cancel if they please for no reason at all, unless your contract states otherwise.

Instead of finding a new apartment, could getting a more silent car be something to consider? (I assume it is louder than average)

doropfiz 12.07.2019 00:55

Re: Parking space withdrawn
 
Are there two separate contracts, one for the flat and another for the parking space?

Is there any clause in either contract linking them to each other, and if so, by what conditions?

Did they use the proper form to give notice?

GParker 12.07.2019 01:04

Re: Parking space withdrawn
 
Quote:

Originally Posted by doropfiz (Post 3082436)
Are there two separate contracts, one for the flat and another for the parking space?

Is there any clause in either contract linking them to each other, and if so, by what conditions?

Did they use the proper form to give notice?

2 separate contracts unlinked and paid as 2 seperate monthly payments (to the same landlord). Not sure what the proper form is? The letter referenced the contract number, space number, the paragraph they were invoking to terminate the agreement and the date my access card would be deactivated.

rainer_d 12.07.2019 01:20

Re: Parking space withdrawn
 
What car is it actually?

Kittster 12.07.2019 01:32

Re: Parking space withdrawn
 
I want to sympathise but can't - we have an increasing number of noisy cars in our neighbourhood and they are robbing me of my sleep. Sooo - different car? Or at least close the exhaust flap things by default?

rainer_d 12.07.2019 01:52

Re: Parking space withdrawn
 
I admit it would be annoying to have e.g. a couple of C63S with sport exhaust in the neighborhood.
The good news is that this is really a temporary phenomenon. Already, the particle filter required on petrol cars since recently reduces noise quite significantly - to the great dismay of petrol heads.

It's only a couple of years (these kind of cars age very badly and become very expensive after the warranty has run out) and then all the cars are all-electric or hybrid.
;-)

aSwissInTheUS 12.07.2019 01:54

Re: Parking space withdrawn
 
Quote:

Originally Posted by doropfiz (Post 3082436)
Are there two separate contracts, one for the flat and another for the parking space?

Normally they are separate.

Quote:

Originally Posted by doropfiz (Post 3082436)
Is there any clause in either contract linking them to each other, and if so, by what conditions?

Good question. There can be clause which links them, a clause which explicitly does not link them, or there can be no clause at all. If they contract are separate and not linked by a specific clause, the mere fact that they are from the same landlord, and in the same house can link them

https://www.mietrecht.ch/documents/D...mp_2_99_98.pdf
http://archiv.hev-zuerich.ch.rubin.c...-200802-13.htm
https://www.nzz.ch/der_mitvermietete...latz-1.3828985


Quote:

Originally Posted by doropfiz (Post 3082436)
Did they use the proper form to give notice?

If they are not considered as linked a simple letter is good enough, even verbal would be o.k.. No special form needed to cancel a residential parking space rental contract, unless the contract specifies otherwise. In addition to that the minimum notice period by law is just 2 weeks to the end of a rental month.

But if apartment and parking space contract are considered as linked the cantons prescribed notice form must be used for cancellation of the parking space and the notice period is the same as for the main residence. In addition it is easier to contest a cancellation in court and to get an extension.

Sandgrounder 12.07.2019 08:09

Re: Parking space withdrawn
 
Quote:

Originally Posted by GParker (Post 3082432)
Hi I'm new here! Great forum!

Today we got a letter from our landlord giving us notice that our garage parking was being withdrawn without reason. I called the agent and they informed me 3 complaints have been received about the noise my car makes - apparently it scared some child and is 'unbearable'. My car isn't modified in anyway but I admit, in a big concrete tiefgarage it's loud.
The agent said we haven't broken any terms in the lease however, they still have a right to terminate. Now, without parking the apartment is useless and we'll have to move which we really don't want to do.
Do we have a leg to stand on?

Does your apartment complex also have outdoor parking places? Perhaps that would be a compromise if they’d rent you one of those instead.

bowlie 12.07.2019 08:15

Re: Parking space withdrawn
 
Fix your damn car. Simples.

k_and_e 12.07.2019 08:55

Re: Parking space withdrawn
 
I sympathize with the neighbors but the agent should have given some kind of warning first. This is a bit harsh.

Edit:and what a coincidence that this thread comes on a Friday from a first time poster...

omtatsat 12.07.2019 08:59

Re: Parking space withdrawn
 
Quote:

Originally Posted by GParker (Post 3082432)
Hi I'm new here! Great forum!

Today we got a letter from our landlord giving us notice that our garage parking was being withdrawn without reason. I called the agent and they informed me 3 complaints have been received about the noise my car makes - apparently it scared some child and is 'unbearable'. My car isn't modified in anyway but I admit, in a big concrete tiefgarage it's loud.
The agent said we haven't broken any terms in the lease however, they still have a right to terminate. Now, without parking the apartment is useless and we'll have to move which we really don't want to do.
Do we have a leg to stand on?

Yes and no one wants to put a muffler on a Ferrari

Belgianmum 12.07.2019 10:13

Re: Parking space withdrawn
 
Quote:

Originally Posted by k_and_e (Post 3082459)
I sympathize with the neighbors but the agent should have given some kind of warning first. This is a bit harsh.

I was thinking the same. They should have told the OP of the complaints and given them a chance to rectify the problem first.

bowlie 12.07.2019 11:20

Re: Parking space withdrawn
 
Quote:

Originally Posted by Belgianmum (Post 3082476)
I was thinking the same. They should have told the OP of the complaints and given them a chance to rectify the problem first.

Perhaps that tactics hasn’t been succesful in the past.

GParker 12.07.2019 11:28

Re: Parking space withdrawn
 
Thanks for all the replies. My posts are delayed for moderation so my first answer has slotted in above. To answer the other questions:

It's an Aston Martin DB11. It's only 3 months old and I waited 12 months for it. It's not faulty, meets EU regs and sport mode isn't on when started so it's on it's quietest setting. I bought the car as my last chance to own a big (and noisy) petrol sports car. The last chance to roar off into the sunset - before we all go humming off to the nearest Ikea for a faster charge and 1 Franc hotdog.

Realistically the car will have to go before the apartment does and that would be a great shame, but in the meantime I'm looking for a nearby garage rental as a temporary solution. I could live with walking a block to pick it up.

About my poor neighbours, this car isn't disturbing their peace. The garage is under the garden and the entrance is some distance from the building. They can't hear it in their apartments. They are complaining about the noise it makes when they are in the garage.

Today only 12.07.2019 11:40

Re: Parking space withdrawn
 
Sounds very much as if you got jealous neighbours.....

meloncollie 12.07.2019 14:25

Re: Parking space withdrawn
 
Is there still room for negotiation with the landlord?

If so, and if the big car is more of a weekend toy, what about buying a cheap run-around for daily use, parking it in your current space, and then looking for a garage for the big car?

There's a 'car hotel' out my way for exactly that kind of thing. The advantage is that this place caters to high end cars (security, amenities, etc.) so you don't have the usual worries of leaving it in a regular garage. The place near me is likely too far to be of use to you, but there must be similar businesses in the city.

AbFab 12.07.2019 14:40

Re: Parking space withdrawn
 
Before I went electric I had an F-Type Jag which started with a roar which could not be switched off. I was also possible to open the exhaust baffles and rattle nearby windows and doors. It was wonderful in an underground car park.

Use the credit you get for losing the garage space to pay for renting another while you order your Tesla...

eyebeebe 12.07.2019 18:44

Re: Parking space withdrawn
 
Quote:

Originally Posted by meloncollie (Post 3082531)

There's a 'car hotel' out my way for exactly that kind of thing. The advantage is that this place caters to high end cars (security, amenities, etc.) so you don't have the usual worries of leaving it in a regular garage. The place near me is likely too far to be of use to you, but there must be similar businesses in the city.

Interesting. Could you share a link please?

Kittster 12.07.2019 20:53

Re: Parking space withdrawn
 
Quote:

Originally Posted by GParker (Post 3082491)
It's an Aston Martin DB11. It's only 3 months old and I waited 12 months for it. It's not faulty, meets EU regs and sport mode isn't on when started so it's on it's quietest setting. I bought the car as my last chance to own a big (and noisy) petrol sports car. The last chance to roar off into the sunset - before we all go humming off to the nearest Ikea for a faster charge and 1 Franc hotdog.

Ah.
Lovely car, but if it's like my mate's DBS and my neighbour's Vantage, starting the engine produces a loud "wraaaawrrrr" sound. Gives you goosebumps when sat in the car, not so fun if you're not expecting it and nearby. Depending on your building's acoustics, the people on the lower floors will notice every single ignition, even if it is seemingly under the garden. It is clear that this ignition effect is a conscious design choice, similar cars don't seem to be so noticeable when starting. So unlike the exhaust noises, I'm not sure you can do much about it.

As for the jealously argument - not really. I love cars and good for you if you can afford a nice one but I love peace and quiet in my home more. I'm glad our d*ckhead neighbour with the Murciélago has either moved or changed car, he drove me nuts with his 1 am revving before driving into the garage. A lot of that about with "sports models" of Audis, Beamers and Mercs too. Ah yes, Glattpark, the most first world chavvy Ghetto in the world.


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