Friday, May 27, 2005

No more Mr Nice Guy ...

After we moved out of our apartment, we received the bill for "damages" totalling CHF1700. They wanted me to sign a declaration of acceptance of these costs, to receive the remaining CHF2300 from my deposit.
I contested most of the contents as being unsubstantiated, and wanted proof that things were new when I moved in ... I also challenged the heating costs as being a "convenient round number" (CHF350), and considerably more than previous heating cost reconciliations for similar periods of time.
They acknowledged that the heating cost reconciliation amount was "a mistake", and lowered it - however they then dredged up a plumbers invoice for a replaced faulty tap from over two years ago, totalling over 900 francs, and added it to our amount, bringing the total in demand to CHF2700 ... and if we didn't accede within 5 working days, they'd pursue legal action against us, and we'd be liable for their costs.

Yesterday evening, we went to the Mieterverband (renters association) to seek legal counsel regarding this matter.
We joined the Mieterverband on arrival (95 franc membership gets us unlimited free consultations until the end of the calendar year), and waited about an hour-and-a-half until we were called (there are no pre-bookings .... simply arrive during consultation hours, and you'll be helped in turn). After showing the paper trail I've kept, the consultant immediately said that WE should sue THEM (first round is free - simply lay a dispute claim and they'll receive a summons to appear). He said that legally they CANNOT charge us the full amounts for certain things (for eg, painting - they wanted to charge 100% costs for repainting the bathroom, whereas legally they cannot charge more than 45% of costs... moreover, I indicated in my response to their original letter that the bathroom was not designed with adequate airflow [no extractor, window must be shut while showering else neighbours can see in], thus I don't accept the costs at all... He said we should have a case there.

So - he gave us a "klage" (grievance) form, filled out most of it for us (indicating that we're pushing for our deposit to be returned, with interest!) and we signed and dated it. I'm sending it registered-mail to the court today, and let's see what happens...

This is so exciting! :D

After the meeting, we went to a community barbeque held at the lake, which was also a nice social event. Got home late, as usual ...I need to catch up some sleep this weekend.

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