Go Back   English Forum Switzerland > Help & tips > Housing in general  
Reply
 
Thread Tools Display Modes
  #1  
Old 05.09.2009, 18:02
summerrain's Avatar
Forum Legend
 
Join Date: Oct 2008
Location: Zürich
Posts: 4,350
Groaned at 4 Times in 4 Posts
Thanked 985 Times in 325 Posts
summerrain has a reputation beyond reputesummerrain has a reputation beyond reputesummerrain has a reputation beyond reputesummerrain has a reputation beyond reputesummerrain has a reputation beyond reputesummerrain has a reputation beyond repute
Landlord's obligation

Hi everyone,

Anyone on here ever experienced your kitchen appliances like the oven break down during the tenure of your leases here in Switzerland?

The microwave which came with the lease of a fully furnished flat, died on me today and was wondering the maximum period of time that my landlord has, to replace / fix it? Reason why I am asking is because he is currently sailing around the world and is very sporadic in checking his emails (probably checks them once every 1-2 weeks) I dont think I can survive for long without the microwave.

I've already dropped him a note informing him about the problem and asked if there's still warranty on the product (which I doubt) and that I am happy to replace it with a given budget and take it off next month's rental. But I am concerned that it will take quite some time before anything materialises, hence my question about his legal obligations when it comes to replacing household items that come with the contract.

Any insights welcomed. Cheers in advance.
__________________
Remember when someone annoys you, it takes 42 muscles to frown, BUT it only takes 4 muscles to extend your arm and b****-slap the mother-f***er upside the head.
Reply With Quote
  #2  
Old 05.09.2009, 18:47
Goldtop's Avatar
Forum Legend
 
Join Date: Feb 2008
Location: Zurich
Posts: 2,844
Groaned at 11 Times in 11 Posts
Thanked 905 Times in 625 Posts
Goldtop has a reputation beyond reputeGoldtop has a reputation beyond reputeGoldtop has a reputation beyond reputeGoldtop has a reputation beyond repute
Re: Landlord's obligation

He should have, before sailing off, delegated somebody or given you permission to make urgent repairs.

You can buy a cheap microwave for less than CHF 100. So it is not a big issue. But you need to clarify procedures before the next crisis.
Reply With Quote
  #3  
Old 05.09.2009, 19:05
summerrain's Avatar
Forum Legend
 
Join Date: Oct 2008
Location: Zürich
Posts: 4,350
Groaned at 4 Times in 4 Posts
Thanked 985 Times in 325 Posts
summerrain has a reputation beyond reputesummerrain has a reputation beyond reputesummerrain has a reputation beyond reputesummerrain has a reputation beyond reputesummerrain has a reputation beyond reputesummerrain has a reputation beyond repute
Re: Landlord's obligation

No, he did not. I've initially expressed concerns about his availability and he assured us that he will be contactable via skype / emails every 2-3 days.

Unfortunately, that has not my experience for another matter last couple of months which was not as urgent. Hence my question about his legal obligations. But yes, thanks for your point on clarifying procedures before the next crisis.
Reply With Quote
  #4  
Old 05.09.2009, 19:17
Goldtop's Avatar
Forum Legend
 
Join Date: Feb 2008
Location: Zurich
Posts: 2,844
Groaned at 11 Times in 11 Posts
Thanked 905 Times in 625 Posts
Goldtop has a reputation beyond reputeGoldtop has a reputation beyond reputeGoldtop has a reputation beyond reputeGoldtop has a reputation beyond repute
Re: Landlord's obligation

Quote:
View Post
No, he did not. I've initially expressed concerns about his availability and he assured us that he will be contactable via skype / emails every 2-3 days.

Unfortunately, that has not my experience for another matter last couple of months which was not as urgent. Hence my question about his legal obligations. But yes, thanks for your point on clarifying procedures before the next crisis.
Legally you send the owner a registered letter. Depending on the urgency, you set a deadline. The letter is deemed delivered after 7 days. After that you can take reasonable steps to rectify the situation or claim reasonable compensation. You can/should state what you intend to do if the landlord does not respond.

But what is reasonable? A judge would eventually decide.
Reply With Quote
  #5  
Old 05.09.2009, 19:45
vwild1
 
Posts: n/a
Re: Landlord's obligation

Quote:
View Post
No, he did not. I've initially expressed concerns about his availability and he assured us that he will be contactable via skype / emails every 2-3 days.
Doesn't your landlord have a telephone...???
Reply With Quote
  #6  
Old 05.09.2009, 21:52
esto's Avatar
Forum Veteran
 
Join Date: Mar 2008
Location: CHE
Posts: 1,361
Groaned at 76 Times in 58 Posts
Thanked 3,225 Times in 1,406 Posts
esto has a reputation beyond reputeesto has a reputation beyond reputeesto has a reputation beyond reputeesto has a reputation beyond reputeesto has a reputation beyond repute
Re: Landlord's obligation

Quote:
View Post
Doesn't your landlord have a telephone...???
...in the ocean?
Reply With Quote
  #7  
Old 05.09.2009, 22:00
Forum Veteran
 
Join Date: Jan 2008
Location: Near Luzern
Posts: 1,861
Groaned at 147 Times in 85 Posts
Thanked 2,602 Times in 1,112 Posts
Patxi has a reputation beyond reputePatxi has a reputation beyond reputePatxi has a reputation beyond reputePatxi has a reputation beyond reputePatxi has a reputation beyond reputePatxi has a reputation beyond repute
Re: Landlord's obligation

Quote:
View Post
I dont think I can survive for long without the microwave.
I've got one taking up space that you are welcome to borrow until you get your problem resolved. Or I'll sell it to your landlord if he wants it. Hour and a half drive from Zurich though.
Reply With Quote
  #8  
Old 06.09.2009, 10:47
Mrs. Doolittle's Avatar
Forum Legend
 
Join Date: May 2007
Location: Lugano
Posts: 6,598
Groaned at 129 Times in 95 Posts
Thanked 8,050 Times in 3,747 Posts
Mrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond repute
Re: Landlord's obligation

Sounds fun trying to chase your landlord. Send him the registered letter as suggested, but the post office will only hold it for a specific number of days (10 I believe) and if not picked up, it will be returned to you. So it is not considered delivered until signed for. You can refuse a registered letter if you like (I know a landlord who did that so he could ignore his tenants).

How old is the microwave? This is important. Even if it is not old, the cost of repairing it cost would exceed the value unless it is a high end combi model with all the bells and whistles. Is it built in or just sitting on a counter?

You can, of course, buy a new one, for your own use but that doesn't mean you can just leave the landord with the broken one unless it is beyond its life span in which case the owner has to replace it.

What are you lease conditions concerning small repairs and appliances? Check the limit for which you are liable (it varies).
__________________

Reply With Quote
This user would like to thank Mrs. Doolittle for this useful post:
  #9  
Old 06.09.2009, 11:46
Sky's Avatar
Sky Sky is offline
Forum Legend
 
Join Date: Apr 2009
Location: Somewhere special far away
Posts: 4,322
Groaned at 69 Times in 51 Posts
Thanked 7,190 Times in 2,662 Posts
Sky has a reputation beyond reputeSky has a reputation beyond reputeSky has a reputation beyond reputeSky has a reputation beyond reputeSky has a reputation beyond reputeSky has a reputation beyond repute
Re: Landlord's obligation

If you feel it broke due to your fault then your private insurance will cover the cost (less a deductible of 200 to 500 Sfr)
Reply With Quote
  #10  
Old 06.09.2009, 12:11
Forum Legend
 
Join Date: Mar 2009
Location: Zurich
Posts: 13,977
Groaned at 1,360 Times in 903 Posts
Thanked 20,980 Times in 8,016 Posts
Chuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond reputeChuff has a reputation beyond repute
Re: Landlord's obligation

Quote:
View Post
...in the ocean?
Clamshell designs are all the rage.
Reply With Quote
The following 2 users would like to thank Chuff for this useful post:
  #11  
Old 06.09.2009, 12:53
Senior Member
 
Join Date: Mar 2009
Location: Zürich
Posts: 349
Groaned at 1 Time in 1 Post
Thanked 456 Times in 196 Posts
Ziger has a reputation beyond reputeZiger has a reputation beyond reputeZiger has a reputation beyond reputeZiger has a reputation beyond repute
Re: Landlord's obligation

Goldtop is correct. In order to claim back the expense of buying a new microwave, you must first have informed the landlord of the problem and give him time to take care of it. How long do you have to give him? A week is probably enough considering the inconvenience for you and the fact that it is easy to replace a defective microwave. That he is sailing around the world is irrelevant because that does not free him from his legal obligations as a landlord. In the letter you need to clearly state the problem, the time limit to take care of it and then the possible consequences, in this case a reduction of the rent to cover the cost of the replacement. It would be good if you knew more or less the cost of the microwave. (It doesn't have to be the cheapest on the market, but the most expensive is not appropriate either.)

If the landlord doesn't react or doesn't replace it in time, you then have the right, among others, to replace it at his cost.

As far as the registered letter goes, Mrs. Doolittle is wrong. As Goldtop said, the letter is considered "delivered" after the 7 day deadline passes, whether or not he has picked it up. This follows the clear and repeatedly confirmed practice of the Swiss Federal Court. The term is "Zustellfiktion".

If you are interested in where this is in the Swiss code, here is a translation of the appropriate sections:

G. Defects during the rental period
II. Rights of the lessee
1. In general

Art. 259a
If defects arise as regards the object for which the lessee is neither responsible nor which he has to remedy at this own expense, or, if the lessee is disturbed in his contractual use of the object, he may request that the lessor:
a. remedy the defect;
b. proportionally reduce the rent;
c. compensate for damages;
d. assume a legal action against a third part.

2. Remedy of the defect
a. Principle
Art. 259b
If the lessor is aware of a defect and does not remedy it within an adequate period of time, the lessee may:
a. give notice of termination ....
b. have the defect remedied at the lessor's expense if such defect reduces the suitability of the object for its predetermined use but does not significantly impair it.

There are further legal options but it is best just to send the registered letter and after a week buy a new microwave and charge the landlord. It doesn't sound like he is such a bad guy and it is better to try to maintain a good relationship.
Reply With Quote
This user would like to thank Ziger for this useful post:
  #12  
Old 06.09.2009, 17:23
Mrs. Doolittle's Avatar
Forum Legend
 
Join Date: May 2007
Location: Lugano
Posts: 6,598
Groaned at 129 Times in 95 Posts
Thanked 8,050 Times in 3,747 Posts
Mrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond reputeMrs. Doolittle has a reputation beyond repute
Re: Landlord's obligation

The microwave is an appliance, and the maintainance of this, as well as the other kitchen appliances, may be covered in the lease conditions. Without having been told what those are, it is difficult to give the best advice. It is possible it is to be treated as a broken diswasher or any other appliance. You cannot just go out and buy a new appliance and expect the landlord to pay for it without going through the proper channels. The absent landlord complicates matters. If it were the fridge, you would have to act immediately, but unfortunately, a microwave, like a dishwasher, these are not viewed as essentials).

The age of the appliance is relevant. In the case of appliances, if it can be repaired, the tenant may have to pay part of the costs, depending on the lease conditions. The exception would be appliances covered under a service contract or guarantee.

Most appliance manufacturers can tell you the approximate age of an appliance from the model and serial number. This is a good starting point.
If it is past its life span, then you can expect a replacement (for which you will not have to pay).
__________________

Reply With Quote
  #13  
Old 08.09.2009, 16:11
summerrain's Avatar
Forum Legend
 
Join Date: Oct 2008
Location: Zürich
Posts: 4,350
Groaned at 4 Times in 4 Posts
Thanked 985 Times in 325 Posts
summerrain has a reputation beyond reputesummerrain has a reputation beyond reputesummerrain has a reputation beyond reputesummerrain has a reputation beyond reputesummerrain has a reputation beyond reputesummerrain has a reputation beyond repute
Re: Landlord's obligation

Thanks for the responses everyone. Fortunately, it is less painful than my last dealing with him. He finally replied and asked us to go ahead with replacing the microwave within 150 CHF and take it off next month's rent - no questions asked. Have also taken Goldtop's advice on suggesting certain procedures and an alternative point of contact just in case.

Yay! Microwave popcorn anyone?
Reply With Quote
Reply

Tags
landlord obligations




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Obligation to submit return? Gastro Gnome Finance/banking/taxation 15 02.08.2009 14:25
declaration of duty/obligation (Verplichtungserklärung) for visitor visa Alirezakarimi Permits/visas/government 3 26.08.2008 08:40
Tax obligation in Switzerland for under half yr? GBer Finance/banking/taxation 28 02.04.2008 09:58
Obligation to declare permit status & appt. applications Uncle Max Permits/visas/government 7 16.11.2007 18:12


All times are GMT +2. The time now is 09:44.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0