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Old 27.09.2021, 19:39
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Reminder with threat of termination / Mahnung mit Kündigungsandrohung

Hi folks,

I have an issue with the real estate I’m renting my apartment from.

On September 18, I received a reminder with a threat of termination regarding rent I haven’t supposedly paid.

I rent an apartment together with a parking spot and pay a monthly rent of 1590 CHF and 150 CHF respectively. To pay for an apartment I set up an LSV and the real estate agency deducts it automatically from my account. The parking spot is paid by a standing order.

This has been working for a year or so, until it stopped :-)

Beginning of September I noticed that my account has been charger with 1740 CHF although as usual I have paid for the parking space separately. Of course I objected to this transfer and immediately contacted the agency by e-mail to explain the situation. I also did not have the bank details to transfer the correct amount and was hesitant to use the same orange payment slip reference number as I use for payment for the parking spot.

Despite several e-mail reminders I haven’t received a reply from them. On 14th of September I received, however, a reminder with a threat of termination (Mahnung mit Kündigungsandrohung) asking to pay this time the correct amount (1590 CH) + 39 CHF of reminder fees.

I immediately transferred the money but skipped 39 CHF, as I find it ridiculous…
I also sent them a letter, not registered but with a tracking, explaining the whole situation showing bank extracts with how payments were done in the past and what happened this time, as well as sent them the payment confirmation. Haven’t heard from them in 10 days now…

Not sure what to do next… I am also surprised they sent only one reminder that states that this is the last one and if the whole amount is not paid within 30 days they will terminate my contract as per Art. 257d OR. I thought usually 3 reminders are sent.

It really pisses me off that I spotted their mistake, I reach out to them yet I am being ignored and forced to pay the reminder fees. 39 CHF is obviously not worth fighting with them but it is very upsetting.
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kündigungsandrohung, mahnung, reminder, termination

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