Uncovering Past Rent Payments: Information on Previous Tenants' Rental Paid to a Swiss Landlord
Rewritten Article:
Moving into a new apartment often means facing a hike in rent, thanks to the ongoing housing shortage and landlords' right to increase rent by up to 10 percent when tenants depart. But what happens when the rent hike exceeds this limit?
Well, tenants do have options. If you suspect you're being overcharged, you can challenge the rent increase. To start, though, you need to find out what the previous tenants were paying in rent, as this info is publicly available. It's your right to ask what the previous rent was for the apartment, and the landlord must disclose this information. Some cantons even require the landlord to provide this info on an official form alongside the new rent.
But what if the landlord refuses to share this data? In that case, act swiftly. You only have 30 days after signing the lease to dispute the rent. Send a registered letter to the Federal Housing Office (BWO) within this timeframe, explaining why you signed the contract despite the high rent. If you can prove that you didn't know the rent was significantly higher than what previous tenants paid, that might be enough. The case could then be passed on to the municipal conciliation authority, which will review the disputed rent increase and take action on your behalf if it finds the hike exceeded 10 percent.
However, a majority of tenants seem reluctant to file complaints. Linda Rosenkranz, an attorney for the Swiss Tenants Association (ASLOCA), attributes this to the time-consuming and expensive nature of a dispute. Furthermore, Lorenz Krach of Sotomo research institute suggests that tenants prioritize a good relationship with their landlords, fearing conflicts, which might jeopardize their arrangement.
How to Contest an Excessive Initial Rent
- The dispute must be initiated within 30 days of signing the lease or taking possession of the rental property.
- File a complaint with the conciliation authority, which acts as a neutral mediator to examine the reasonableness of the rent.
- Focus on whether the rent is excessive compared to market standards or violates tenant protection rules laid out in the Swiss Code of Obligations (Art. 269 ff. OR).
- During mediation, present evidence and arguments to support your position. If mediation fails, escalate the case to formal court proceedings.
Potential Challenges of Filing a Complaint
- The 30-day limit is strict, and missing the deadline usually forfeits the tenant's right to dispute the rent.
- Demonstrating that the rent is excessive can be challenging without proper market data.
- Landlords might retaliate, though indirectly or non-cooperatively, discouraging tenants from complaining.
- Even with a favorable outcome from the conciliation authority, rent reductions may not be enforced unless formal court proceedings occur.
In conclusion, tenants can contest an excessive initial rent within 30 days, but they face challenges such as strict deadlines, evidentiary burdens, and potential landlord pushback. The conciliation process offer a pathway to dispute resolution, but not necessarily rent reductions without further legal action.
- In some cases, the rent hike might exceed the allowable 10 percent limit set by landlords' rights, which tenants can contest.
- If a tenant suspects overcharging and the landlord refuses to disclose the previous rent, a registered letter should be sent to the Federal Housing Office within 30 days of signing the lease.
- The potential challenges of filing a complaint include strict deadlines, difficulties in demonstrating excessive rent without market data, and possible landlord retaliation.
- The rampant fear of straining landlord relationships might jeopardize tenants' decisions to contest an excessive initial rent, as pointed out by Linda Rosenkranz of the Swiss Tenants Association.
