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  #381  
Old 19.10.2020, 20:36
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Re: Retrospective rent reduction due to decreased reference interest rate

No, it only becomes valid from the next legally allowed cancellation date.

See thread: https://www.englishforum.ch/housing-...justments.html
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  #382  
Old 19.10.2020, 21:35
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Re: Retrospective rent reduction due to decreased reference interest rate

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No, it only becomes valid from the next legally allowed cancellation date.

See thread: https://www.englishforum.ch/housing-...justments.html
Thanks, I've merged that thread and nasa2000's into the big thread about rent reduction.
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  #383  
Old 20.10.2020, 14:00
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Rent Adjustment

I have just had a word with my estate agency arguing my rent needed to be adjusted. She has said that was doable but I needed to write to them. She has mentioned a German name saying I could google it (the name of the procedure or the letter I presume )

I havent got a clue what she's said and her English isnt the greatest for me to ring her again and ask.

Could someone help me with what I shall do? Is it just a simple letter I should write to them?

Thanks.
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  #384  
Old 20.10.2020, 16:29
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Re: Rent Adjustment

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I have just had a word with my estate agency arguing my rent needed to be adjusted. She has said that was doable but I needed to write to them. She has mentioned a German name saying I could google it (the name of the procedure or the letter I presume )

I havent got a clue what she's said and her English isnt the greatest for me to ring her again and ask.

Could someone help me with what I shall do? Is it just a simple letter I should write to them?

Thanks.
Why does your rent "need to be adjusted"?
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  #385  
Old 20.10.2020, 16:37
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Re: Rent Adjustment

Have a look here:


https://www.englishforum.ch/housing-...n-process.html


Referenzzinssatz
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  #386  
Old 20.10.2020, 18:04
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Re: Rent Adjustment

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Thanks, merged OP and the thread you linked into the big thread
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  #387  
Old 21.10.2020, 13:43
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Re: Rent Adjustment

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Thanks, merged OP and the thread you linked into the big thread
And which one is "the big thread"?
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  #388  
Old 21.10.2020, 14:00
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Re: Rent Adjustment

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And which one is "the big thread"?

This one :-)


Cserdar opened a new thread for the question
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  #389  
Old 22.10.2020, 20:08
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

I never adjusted my rent since 2012 due to pure laziness. Turns out I should be paying 130 francs less per month. Been dealing with this since April or May, as the régie initially plainly refused on the grounds that "your rent is already at market prices for comparable apartments". Then the Asloca began proceedings, they say that this is of course not a valid justification, but in the court the régie said that the building was being sold so they did no longer see it fit to take a decision. Have a new court hearing next month. Thank goodness for the protection juridique included in my home insurance. I wonder how many people get deterred from enforcing their rights after being turned away by the owners/régies.
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  #390  
Old 01.01.2021, 23:41
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

I still havent got an answer to my question though. Can someone help? Everything online seems to be in German and I dont speak a word of it

I cant find the older thread either
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  #391  
Old 01.01.2021, 23:45
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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I still havent got an answer to my question though. Can someone help? Everything online seems to be in German and I dont speak a word of it

I cant find the older thread either
Translate online and fill out the template (pdf download).

https://www.mieterverband.ch/mv/miet...#tab-3-content
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Old 02.01.2021, 22:53
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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Translate online and fill out the template (pdf download).

https://www.mieterverband.ch/mv/miet...#tab-3-content
Thank you. Just done this and see what the agency says
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  #393  
Old 16.03.2021, 10:30
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

In my apartment contract at paragraph "rent reduction" it is written "in no case the rent can be lower than than the initial rent". Is this something legitimate or can I try to ask for a rent reduction? Did anyone experienced the same?
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  #394  
Old 16.03.2021, 18:57
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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In my apartment contract at paragraph "rent reduction" it is written "in no case the rent can be lower than than the initial rent". Is this something legitimate or can I try to ask for a rent reduction? Did anyone experienced the same?
You should contact the Asloca about it, it seems highly unusual.
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  #395  
Old 16.03.2021, 21:55
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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In my apartment contract at paragraph "rent reduction" it is written "in no case the rent can be lower than than the initial rent". Is this something legitimate
Of course not, it directly contradicts Art 270 / 270a OR. Law vs contract - the law wins.


Even if it were, considering that it doesn't cost you anything (besides postage) to ask or go to the first legal instance (Schlichtungsbehoerde), there's really no downside in trying.


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You should contact the Asloca about it, it seems highly unusual.
There's nothing unusual with landlords putting unenforceable bullshit clauses in contract.
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  #396  
Old 16.03.2021, 22:16
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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...... There's nothing unusual with landlords putting unenforceable bullshit clauses in contract.
Not only landlords

there is a saying here: "Papier ist geduldig" (eg paper is patient) meaning you can write anything on it - doesn't mean it's valid.
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  #397  
Old 15.09.2021, 13:29
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

I would like to apply for the rent reduction but noticed the the following paragraph in the contract (something I had obviously never noticed before).

-------------------------------------
Verträge mit Mindestdauer/Befristete Verträge
Ist der Mietvertrag auf eine Dauer von mindestens fünf Jah- ren abgeschlossen oder während mindestens fünf Jahren vermieterseits unkündbar, gilt der Mietzins als indexiert. Der Mietzins kann demnach einmal jährlich gemäss folgender Formel an den Landesindex der Konsumentenpreise angepasst werden.

Mietzinsänderung in % = ((neuer Index - alter Index)/ alter Index) x 100

Mietzinserhöhungen für Mehrleistungen des Vermieters können auch während der festen Vertragsdauer geltend gemacht werden. Dasselbe gilt für die Einführung neuer Nebenkosten sowie für die Anpassung von Nebenkosten- pauschalen oder -akontozahlungen. Anpassungen des Mietzinses oder der Nebenkosten sind dem Mieter unter Einhaltung einer 30-tägigen Frist auf einen Monatsersten in der dafür vorgeschriebenen Form zu eröffnen."
-------------------------------------

I move in on the 1st of June 2016 and the rate was 1.75% at the time and now it is 1.25%. So technically I am eligible for a rent reduction. The cancellation dates are March, June, September and December. However, I am concerned that if the estate agent can use the above paragraph to refuse a rent reduction. My questions are

1) Is the above paragraph in the contract legally valid?
2) If it is, does the fact that I have lived here for five years help my cause?
3) If I send out the rent reduction request today, will be valid from 1st of October or only from the 1st of January 2022?

Many thanks for your help.
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  #398  
Old 15.09.2021, 13:41
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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I would like to apply for the rent reduction but noticed the the following paragraph in the contract (something I had obviously never noticed before).

-------------------------------------
Verträge mit Mindestdauer/Befristete Verträge
Ist der Mietvertrag auf eine Dauer von mindestens fünf Jah- ren abgeschlossen oder während mindestens fünf Jahren vermieterseits unkündbar, gilt der Mietzins als indexiert. Der Mietzins kann demnach einmal jährlich gemäss folgender Formel an den Landesindex der Konsumentenpreise angepasst werden.

Mietzinsänderung in % = ((neuer Index - alter Index)/ alter Index) x 100

Mietzinserhöhungen für Mehrleistungen des Vermieters können auch während der festen Vertragsdauer geltend gemacht werden. Dasselbe gilt für die Einführung neuer Nebenkosten sowie für die Anpassung von Nebenkosten- pauschalen oder -akontozahlungen. Anpassungen des Mietzinses oder der Nebenkosten sind dem Mieter unter Einhaltung einer 30-tägigen Frist auf einen Monatsersten in der dafür vorgeschriebenen Form zu eröffnen."
-------------------------------------

I move in on the 1st of June 2016 and the rate was 1.75% at the time and now it is 1.25%. So technically I am eligible for a rent reduction. The cancellation dates are March, June, September and December. However, I am concerned that if the estate agent can use the above paragraph to refuse a rent reduction. My questions are

1) Is the above paragraph in the contract legally valid?
2) If it is, does the fact that I have lived here for five years help my cause?
3) If I send out the rent reduction request today, will be valid from 1st of October or only from the 1st of January 2022?

Many thanks for your help.
It will be valid form 1st January after 'notice' period.
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  #399  
Old 15.09.2021, 13:54
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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It will be valid form 1st January after 'notice' period.
Thanks very much. Any views on this particular clause please?
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Old 15.09.2021, 18:37
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Re: interest rate reduction = possible rent reduction [Referenzzinssatz]

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Thanks very much. Any views on this particular clause please?
They could refuse but probably will accept. I had not had a rent increase for 15 years I did not risk it but yours is just 5 years.
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