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Old 28.05.2020, 11:42
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Noise issue

Hi,

Thanks for reading.

I have a problem with noisy neighbours and I have brought it to the attention of my concierge who told the regie. The regie sent the neighbours a notice but now it's already been 2 months and still no change. I have been regularly communicating with the concierge so he is aware and can be a "witness" maybe.

Basically what is happening is that the neighbour has two people living in the room (not allowed, in our contract it clearly states one person only). The extra person moved in since the beginning of the confinement and that is why I resorted to moving out so quickly because I really couldn't take it anymore.

So, I wonder if anyone has had experience or luck getting out of a contract due to noise? According to this https://www.esther-lauber.ch/index.p...rs,-what-to-do it says "If, despite written warning from the lessor, the tenant continues to act in breach of his duty of care and consideration such that continuation of the lease becomes unconscionable for the landlord or other persons sharing the building, the landlord may terminate the contract for leases of residential and commercial premises, subject to at least 30 days' notice ending on the last day of a calendar month."

So from my understanding I could try to write a letter and fight this using this argument?

Has anyone had experience with doing this and had a favorable result? I have already visited the renter advice bureau (ASLOCA) but the agent told me this is not really a way to get out of a lease and I should focus on finding another solvant applicant (which is really difficult during this time). And based on what I read on the site it seems it is possible to be done? Any advice?

Thank you

P.S. Sorry for the long post.
If you read my other thread, the solvant person I presented has declined the offer, now I am stuck with the contract still which ends Aug 31... would like to get out of it ASAP.
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Old 28.05.2020, 12:39
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Re: Noise issue

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......So from my understanding I could try to write a letter and fight this using this argument?

Has anyone had experience with doing this and had a favorable result? I have already visited the renter advice bureau (ASLOCA) but the agent told me this is not really a way to get out of a lease and I should focus on finding another solvant applicant (which is really difficult during this time). And based on what I read on the site it seems it is possible to be done? Any advice?

Thank you.....
ASLOCA is right. You are trying to use a rule that is for the landlord to be used on the loud neighbour, if the landlord wishes to do so.

If you want to get out of the contract, you need a "Nachmieter" (someone to take over your place you can present to your landlord). Or you could sublet it for the rest of the time, if the contract allows to do so.

If things were good before Corona you could also wait and see what happens. I know people who moved in the OH for the time of lock-down - kind of made sense to me - and this second person may well move out again as things go back to normal.
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Old 28.05.2020, 13:27
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Re: Noise issue

Have you talked to the neighbours?
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Old 28.05.2020, 13:35
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Re: Noise issue

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Have you talked to the neighbours?
Riiiight, this is EF. How the hell could I forget to mention that one?
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Old 28.05.2020, 17:04
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Re: Noise issue

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Riiiight, this is EF. How the hell could I forget to mention that one?
That’s why you pay me to back you up! Speaking of which the last two invoices are in arrears. I’m just researching the poursuite rules now.
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Old 28.05.2020, 17:43
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Thatís why you pay me to back you up! Speaking of which the last two invoices are in arrears. Iím just researching the poursuite rules now.
You do that. Just do.not.talk.to.me.about.them.
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Old 28.05.2020, 17:46
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Re: Noise issue

What kind of noise? Because some noise the rťgie canít really do anything about ... Hope you can find a solution.
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Old 28.05.2020, 18:04
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Re: Noise issue

What’s the noise? And perhaps your neighbor didn’t want to be alone during the lockdown and had their partner move in temporarily. Did you have the sympathy or the sense to speak directly with their neighbor before proceeding to take action to make them lose their home?
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Old 28.05.2020, 18:11
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Re: Noise issue

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Whatís the noise? And perhaps your neighbor didnít want to be alone during the lockdown and had their partner move in for the time being? And who has a concierge? A rich wanker who doesnít have sympathy or the sense to speak directly with their neighbor & just wants them to lose their home?
LOL, jealous?

Actually having what we call a "Hauswart" in the German part is pretty normal here. Mostly it's someone who lives in the house and took over the job of cleaning, replacing light bulbs, shipping snow, keeping an eye (on the wash-plan ) etc. etc. Out of the last five places I lived over the decades this one is the first not to have one ..... 'cause the owners do the job themselves.
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Old 28.05.2020, 18:13
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Re: Noise issue

Not at all jealous.

I edited my post because I had a much different understanding of what a concierge is. I would call what you described a “building manager”. Apologies!

https://www.google.ch/amp/s/www.feed...ss-models/amp/
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Old 28.05.2020, 18:15
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Re: Noise issue

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What kind of noise? Because some noise the rťgie canít really do anything about ... Hope you can find a solution.
this- and at what time. Day time or after 10pm?
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Old 28.05.2020, 18:16
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Re: Noise issue

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ASLOCA is right. You are trying to use a rule that is for the landlord to be used on the loud neighbour, if the landlord wishes to do so.

If you want to get out of the contract, you need a "Nachmieter" (someone to take over your place you can present to your landlord). Or you could sublet it for the rest of the time, if the contract allows to do so.

If things were good before Corona you could also wait and see what happens. I know people who moved in the OH for the time of lock-down - kind of made sense to me - and this second person may well move out again as things go back to normal.
The thing with a Nachmieter that everybody seems to forget is that the Vermieter is under no obligation to accept the potential what so ever.
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Old 28.05.2020, 18:38
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Re: Noise issue

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Not at all jealous.

I edited my post because I had a much different understanding of what a concierge is. I would call what you described a ďbuilding managerĒ. Apologies!

https://www.google.ch/amp/s/www.feed...ss-models/amp/
Now that's cheeky. Had I not quoted you, I'd be the blond one now : But you're forgiven as you made up for it, thanks.

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The thing with a Nachmieter that everybody seems to forget is that the Vermieter is under no obligation to accept the potential what so ever.
doropfiz beat me to it.
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Old 29.05.2020, 11:25
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Re: Noise issue

I talked to him. Actually already since November. He was rude and aggressive and denied the noise was coming from him.

Now with his girlfriend there it is worse because they are yelling, laughing, screaming at all hours of the day even like 5am. I also told him again to keep it down especially since he has the girlfriend there, and he said "Ok" but no difference.

My concierge also agrees he thinks the guy has a mental issue.
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Old 29.05.2020, 14:18
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Re: Noise issue

When I complained about neighbours noise to regie, they suggested in calling the police.

Haven't done that, but some strongly worded letters have done the trick for now..

Anyway, check here OP - https://www.ch.ch/en/noise-disturban...ms-neighbours/
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Old 29.05.2020, 14:40
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Re: Noise issue

We used to have a neighbour in our old apartment block that would get drunk and use noise-making devices like a plastic trumpet whenever she watched a sporting event. It wasn't too frequent, maybe every other month, and talking to her would result in her slurring and screaming at us in the stairwell, completely drunk, with the husband apologising. Sometimes you just have to move. Swiss couple too.
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Old 30.05.2020, 12:28
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Re: Noise issue

Yep that's why I am leaving so hastily. Just sucks that I have to lose a few months of rent over this....
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Old 30.05.2020, 17:23
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Re: Noise issue

As I understand it, an apartment has to be "fit for use". If it is too noise, it is defective.
Whenever there are defects, you can contact your landlord (which you have done, and I presume you can document).

The escalation of that is to write a registered letter to your landlord saying that on DATE, DATE and DATE (see enclosed copies) you have reported the excessive noise. You then set them a date (5 or so days from the date of your letter) by which to remedy the situation. You add that if they do not, by that date, you will pay your rental not to them, but to the relevant authority which receives such rentals.

As you've been to ASLOCA, I think you should ask about how to do this.

The authority that receives such moneys holds them blocked until both parties release them. You must not just stop paying your rent (but I think you know that) but are deemed to have fulfilled your legal duty of paying by a) having warned the landlord, and b) having paid the money to that authority (in that order).

Often, just the threat of your intending to take that route gets the landlord cracking to remedy the defect. If not, then a rental tribunal will later decree upon the extent of rental reduction to which you are entitled for the duration of the defect (the noise) having continued. That assumes, of course, that the noises that are bothering you are not just subjectively disturbing, but that an objective, outside authority would also be likely to deem them a defect of your being able to use your apartment for its intended purpose.
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Old 30.05.2020, 19:21
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Re: Noise issue

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Yep that's why I am leaving so hastily. Just sucks that I have to lose a few months of rent over this....
Or maybe you can do something to make HIM want to move?
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Old 30.05.2020, 19:26
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Or maybe you can do something to make HIM want to move?
Like call the cops if they get too loud.
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