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  #321  
Old 26.06.2017, 22:54
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

Hi all,

In case this helps, I've used the templates in the ASLOCA website for Geneva. They also have a calculator of the reduction depending on your monthly rent and the dates of the contract. I will send this tomorrow and fingers crossed.

http://www.asloca.ch/blog/suisse-ces...ous-conseille/
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  #322  
Old 04.07.2017, 08:43
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

I have sent the registered letter, but it was simply ignored, no response. Now it is 1% lower than in my contract. The price for the appartment is already low.
How do I insist on getting the answer?
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  #323  
Old 04.07.2017, 10:06
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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I have sent the registered letter, but it was simply ignored, no response. Now it is 1% lower than in my contract. The price for the appartment is already low.
How do I insist on getting the answer?
How long have you waited?
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  #324  
Old 04.07.2017, 11:21
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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How long have you waited?
Sent it on 07.06
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  #325  
Old 11.07.2017, 18:07
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

Just got my formal response back and the good news is... 50chf reduction per month!

Bad news... only starts from 01.10.2017.
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  #326  
Old 11.07.2017, 21:27
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

can someone help me understand what does the following written in my contract (under "Besondere Bestimmungen") means:

"Der Nettomietzins gemäss ZIffer 4.1 beruht auf folgenden Kostenständen: Referenzzinssatz 1.75%. Landesindex der Teuerung (2000): Sept. 16 (106.9 P.) allg. Kostensteigerungen: MM JJ"

should I try to get it reduced ?
or am I too late?
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  #327  
Old 11.07.2017, 21:40
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

These are the values of factors to plug into rent adjustment calculators.

Quote:
should I try to get it reduced ?
It wouldn't hurt, 1.75% -> 1.5% entitles to a 2.91% reduction for a start.

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or am I too late?
The more you wait, the longer you'll pay your overpriced rent

It's up to you to show initiative, adjustment will not happen retrospectively, it'll only take effect per next contractually possible cancellation date observing due notice period
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  #328  
Old 11.07.2017, 21:50
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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It's up to you to show initiative, adjustment will not happen retrospectively, it'll only take effect per next contractually possible cancellation date observing due notice period
does it means, that if my end of contract can't be before 30.11.2017 (I'm here since 01.12.2016.), before that date adjustment will not happened?
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  #329  
Old 11.07.2017, 21:51
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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does it means, that if my end of contract can't be before 30.11.2017 (I'm here since 01.12.2016.), before that date adjustment will not happened?
Yes. And you must send the request in good time before the notice period kicks in.
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  #330  
Old 13.07.2017, 09:39
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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Just got my formal response back and the good news is... 50chf reduction per month!

Bad news... only starts from 01.10.2017.
Same here. I guess that is your contract renewal date? For us it is.
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  #331  
Old 13.07.2017, 09:58
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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Same here. I guess that is your contract renewal date? For us it is.
One of the points I am allowed to hand in my notice (quarterly).
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  #332  
Old 25.08.2017, 17:19
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

While renting an aprtment now, is the owner liable to make a contract with 1.5% as Referenzzinssatz or they can chose to keep a higer rate?
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  #333  
Old 25.08.2017, 17:25
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

Why would the heck would they willingly do that? Reference rate has nothing to do whatsoever with your rent except for serving as the basis for relative adjustments to it. Higher rate implies you can demand reduction already at first cancellation possibility. Are you "inheriting" the rate from a previous tenant? Take the deal then, it's free money
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  #334  
Old 25.08.2017, 18:40
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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Just got my formal response back and the good news is... 50chf reduction per month!

Bad news... only starts from 01.10.2017.
Sent on End Jun, got the reply back Mid Aug & effective from 1st Nov.
Not bad.
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  #335  
Old 29.01.2018, 12:29
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tenants and rent adjustments.

I am a landlord and having recently finished renovation and minor upgrade works in the property (new windows, doors, painting, electrical) decided to open a conversation about raising the rent 200CHF and the tenants response was that they would contest it and ask for a rent reduction based on the interest rate drop, they also mention that this reduction could be backtracked and getting money back from years before.

Their rent has been the same for about 8 years, possibly longer (house was managed by relatives before)
Upon checking other similar houses available in the area in the past 18 months I know that their rent is about 1000CHF under the market value

This rent increase was advised by CGI who said it is a reasonable increase given the area / house type / market and the length of time without rent increase.

Is this an actual possibility? how successful can they be with a rent reduction and backdated rent claim? how do I protect myself in case I have to go to court?

thanks
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  #336  
Old 29.01.2018, 12:54
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Re: tenants and rent adjustments.

I'd ask (and as well join) the HEV. (Hauseigentümerverband / Home-owners Association)
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  #337  
Old 29.01.2018, 13:22
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Re: tenants and rent adjustments.

Your renter is bluffing partly with the reduction, yes he can get it lowered if the current used number is higher than 1,5% but this only becomes valid at the next legally allowed cancellation date and is absolutely not counting for any period upfront of that date.

If the contract started 10 years ago it is likely the current used percentage is 3,5%, if the rent for example currently is 1500,- this would get lowered by almost 300,- a month.

It is hard to give you a proper advice not knowing the exact contract and situation of your house. if the price is based on indexation for example the above percentage does not matter, and what is written in your contract about future rent increase?
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  #338  
Old 29.01.2018, 13:38
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Re: tenants and rent adjustments.

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they also mention that this reduction could be backtracked and getting money back from years before.
Bullshit. The law (federal at least) is pretty clear here: the onus is on the tenants to request a reduction and they only get it from the next possible cancellation date, never retroactively. I've seen a few cases where a large sum had to be repaid retroactively, but that was normally accompanied by some other major screw ups, never reference rate change alone

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Their rent has been the same for about 8 years, possibly longer (house was managed by relatives before)
In the mean time reference rate dropped from 3% to 1.5% automatically entitling your tenants to 15-20% rent reduction or so. This is probably more than 200 Fr you want so if you insist on your 200 Fr increase they'll likely end up paying a lower rent after all

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Upon checking other similar houses available in the area in the past 18 months I know that their rent is about 1000CHF under the market value
The onus will be on you to prove that to the court, it'll be an exercise in formalities, don't underestimate just how big of a circus it can be. Ask HEV for an expert opinion if you have a chance to defend the rent along this line

Have you already renovated? If not yet, just tell them plans changed, it'll be a major remodel, they got to move out and cancel based on that. They can contest it in court and get an extension but not forever
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  #339  
Old 29.01.2018, 13:41
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Re: tenants and rent adjustments.

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Have you already renovated? If not yet, just tell them plans changed, it'll be a major remodel and cancel based on that. They can contest in court and get an extension but not forever
The works have already been done according to the post.
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  #340  
Old 29.01.2018, 13:42
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Re: tenants and rent adjustments.

This thread is a bit long, but there are some links that might help you figure out how much rent reduction the tenant could claim under the interest reduction.

https://www.englishforum.ch/housing-...nssatz-17.html

There's a calculator link in post #321.

You could then compare this amount to the 200 you plan to raise the rent, and see where you land.

And +1 for what Wolverine said.
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