Need help?

komsomolez · #41 19.06.2023, 18:24

	Quote:	BlightyBob
	My increase went from 1763 CHF to 1897 CHF (134 CHF increase). Referenzzinssatz von 1.250% to 1.500% -3%, Teuereungsausgleich von 108.10 Pt auf 114.30 Pt (2.29%), Konstensteigerung von 2.31% so total over 7% increase. The landlord is offering to not increase the rent if I agree to pay 60 CHF/month for betriebkosten. Would you accept this?

Sounds strange. Betriebskosten (Nebenkosten) are normally just a pass-through on top of net rent. Why would landlord send you a formal letter on increase, then forego if you accept something you have to pay anyway?

BlightyBob · #42 19.06.2023, 19:26

The letter is really strange. They say that in good faith, they will only charge us the increase in costs that they have (flat managed by company). I pay 130 CHF nebenkosten and then this 60 CHF is an additional line under that. What I am not sure is ok is the overall 7% increase. I am a member of Mieterverband so may run it through them. My worry is that I agree to this and then the rent increases next year to match the 1.5%

kri · #43 04.07.2023, 20:07

Our turn today.... We were so happy as had gotten nothing by end June and then it came... 7% increase as of November.... Asloca website says it may be too high so I have sent to legal insurance.

Let's see!

juniovalerio · #44 19.07.2023, 15:12

Does anyone have the template letter from Asloca - in French or English - to protest the increase?

Ours is higher than the allowed rate and it was never lowered when the rate went down.

Thanks!

ne6ef · #45 19.07.2023, 16:23

	Quote:	juniovalerio
	Does anyone have the template letter from Asloca - in French or English - to protest the increase? Ours is higher than the allowed rate and it was never lowered when the rate went down.

Check this page for a template.

On a separate note it is your responsibility to request a decrease if the rate go down.

Good luck and let us know how it goes.

Biro · #46 19.07.2023, 17:56

	Quote:	juniovalerio
	Does anyone have the template letter from Asloca - in French or English - to protest the increase? Ours is higher than the allowed rate and it was never lowered when the rate went down. Thanks!

You need to write and ask for reduction......

komsomolez · #47 19.07.2023, 19:52

	Quote:	juniovalerio
	Does anyone have the template letter from Asloca - in French or English - to protest the increase? Ours is higher than the allowed rate and it was never lowered when the rate went down. Thanks!

There is no "allowed rate" unless the landlord strictly claims increase based on reference rate. These "calculators" from the tenants associations are shit - they seem to conclude in 90% of examples that "the increase might be higher than what is justified". This is a business for them also.

kri · #48 19.07.2023, 20:25

	Quote:	komsomolez
	There is no "allowed rate" unless the landlord strictly claims increase based on reference rate. These "calculators" from the tenants associations are shit - they seem to conclude in 90% of examples that "the increase might be higher than what is justified". This is a business for them also.

Confirming this - ours said 'it may be higher than allowed' and then verification with legal insurance confirmed all was legal. Would assume most big housing agencies will be doing things by the book?

Axa · #49 04.09.2023, 13:30

Hey, important to consider. The Referenzzinssatz may increase once again by December 2023 or March 2024.

The guy in charge of this announcement was interviewed recently by Blick. Usually Blick is pure gossip, but this is an interview. Not much room for their peculiar editorial choices

Automated translation of the first paragraphs:

	Quote:
	It is good news for tenants in difficult times. After the federal government raised the reference interest rate for the first time last June, the next rental hammer is a long time coming. The Federal Housing Office is leaving the interest rate, which is important for calculating rents, at 1.5 percent for the time being. But tenants cannot really breathe easy. Martin Tschirren (52), head of the Federal Housing Office (BWO), is counting on further increases. In an interview with Blick, he explains why he is concerned – and yet harbors hope. Blick: Mr. Tschirren, are you glad that you don't have to announce bad news for tenants again? Martin Tschirren: Back in June I already expected that the reference interest rate would not rise now. Even if an increase does not trigger any feelings of joy among many tenants: it is the job of our office to announce the reference interest rate. This is required by law and is therefore a relatively unemotional matter. Blick: Of course, you live in your own home after all. Martin Tschirren:It doesn't matter, I was also a tenant for a long time. In addition, many people around me are affected by or expect a rent increase, including employees in our office. I'm definitely aware of the consequences. Blick: The next rate hike is likely to follow soon. What is your forecast: will it come this year? Martin Tschirren: I stand by what I said in June: the next increase is to be expected in winter - either this December or then in March.

Full interview here:

https://www.blick.ch/politik/martin-...d18900331.html

JackieH · #50 04.09.2023, 15:12

Here is a comparative table of rental costs in different Cantons. Article is in French, but table self-explanatory

https://www.blick.ch/fr/news/suisse/...d18907901.html

malo · #51 15.09.2023, 18:37

I have a question, posting here before asking MV:

Let's say they bumped my rent 40CHF more than they were legally suppose to increase it.

If I missed my 30 days window for June's rent increase, could I contest it when they raise it next time or is these +40CHF now written in stone and future increases will be just relative to that?

user137 · #52 19.09.2023, 21:41

Trick question (as in: I slept beyond the 30-day notice).

We are two people on the rental contract. I have got the letter delivered on the 16th August, my partner has never picked up the letter from the post (so her delivery date is 23th August).

When did the 30-day notice windows start? 16th August or 23rd of August?

newtoswitz · #53 19.09.2023, 21:54

	Quote:	user137
	Trick question (as in: I slept beyond the 30-day notice). We are two people on the rental contract. I have got the letter delivered on the 16th August, my partner has never picked up the letter from the post (so her delivery date is 23th August). When did the 30-day notice windows start? 16th August or 23rd of August?

The date is from the point where she could have picked it up, as specified on the delivery note, not the date when she did.

user137 · #54 19.09.2023, 22:09

	Quote:	newtoswitz
	The date is from the point where she could have picked it up, as specified on the delivery note, not the date when she did.

She did NOT pick up the letter, so the official delivery date is first try + 7 days (23rd August), which doesn't formally allow them to start increasing rent from the next termination date (10 days + 3 months = Dec 2023).

I did pick up on delivery, but formally we are both on the rental contract and my letter was only addressed to me and not to both of us.

I know it's a thin hook, but I'll use it fully if I can. I'll ask my Rechtschutz tomorrow.

Meerkat33 · #55 19.09.2023, 22:10

so I guess this is the mistery letter from privera I missed while on vacation. I wrote an email to them about it and never got a reply...

newtoswitz · #56 20.09.2023, 09:28

	Quote:	user137
	She did NOT pick up the letter, so the official delivery date is first try + 7 days (23rd August), which doesn't formally allow them to start increasing rent from the next termination date (10 days + 3 months = Dec 2023). I did pick up on delivery, but formally we are both on the rental contract and my letter was only addressed to me and not to both of us. I know it's a thin hook, but I'll use it fully if I can. I'll ask my Rechtschutz tomorrow.

What is the basis for your assertion, other than wishful thinking? The rules on notification will be the same as for termination:

https://www.mieterverband.ch/mv/miet...vermieter.html

"Die Frist für die Anfechtung läuft auch, wenn Sie das Einschreiben nicht auf der Post abholen."

"The time limit for contesting runs even if you do not pick up the registered letter at the post office."

KiwiSteve · #57 20.09.2023, 10:49

	Quote:	newtoswitz
	What is the basis for your assertion, other than wishful thinking? The rules on notification will be the same as for termination: https://www.mieterverband.ch/mv/miet...vermieter.html "Die Frist für die Anfechtung läuft auch, wenn Sie das Einschreiben nicht auf der Post abholen." "The time limit for contesting runs even if you do not pick up the registered letter at the post office."

The original post was correct:

"Als Tag des Empfangs gilt der Tag der
Entgegennahme des Briefes von der Post durch die
Mieterschaft. Bei Abwesenheit hat die Mieterschaft
7 Tage Zeit, den Brief bei der Post abzuholen. Wird der
Brief nicht abgeholt, so gilt als Tag des Empfangs der
letzte Tag der Abholfrist."

Source; Merkblatt_Mietzinserhoehung_Fristen.pdf from the Mieterverband

newtoswitz · #58 20.09.2023, 11:52

	Quote:	KiwiSteve
	The original post was correct: "Als Tag des Empfangs gilt der Tag der Entgegennahme des Briefes von der Post durch die Mieterschaft. Bei Abwesenheit hat die Mieterschaft 7 Tage Zeit, den Brief bei der Post abzuholen. Wird der Brief nicht abgeholt, so gilt als Tag des Empfangs der letzte Tag der Abholfrist." Source; Merkblatt_Mietzinserhoehung_Fristen.pdf from the Mieterverband

Thank you.

That is crystal clear, but also odd as it's counter to normal practice for legal notifications. I wonder why this one is different, maybe something has changed recently and one is up-to-date but the other not?

Urs Max · #59 20.09.2023, 12:55

	Quote:	Meerkat33
	so I guess this is the mistery letter from privera I missed while on vacation. I wrote an email to them about it and never got a reply...

The letter counts as delivered. You could hve asked the Post who sent it, though nowadays you may have the option to do that online using the yellow slip's UID.

	Quote:	newtoswitz
	That is crystal clear, but also odd as it's counter to normal practice for legal notifications. I wonder why this one is different, maybe something has changed recently and one is up-to-date but the other not?

The deemed pickup date is different for contract changes and giving notice. Note that a contract change like changed rent is postponed if it is received after the 20th of the relevant month.

Also note that for moving out outside of the contractual schedule the MV instructs you to inform the landlord, they don't say to give notice or similar.

Here's a recent compilation, less than a month old, that contains the varios relevant points.
Since it is now required to post a synopsis of everything one links, because a certain snowflake's request must absolutely be heeded to no matter how asinine it is, I prefer to remove the link instead. Feel free to PM me for the link.

user137 · #60 23.09.2023, 12:50

	Quote:	newtoswitz
	Thank you. That is crystal clear, but also odd as it's counter to normal practice for legal notifications. I wonder why this one is different, maybe something has changed recently and one is up-to-date but the other not?

delivery date + 7 days is the normal practice for everything.