First things first: I’ve already contacted the Mieterverband about this, but my appointment with them is a bit farther away. In the meantime, I’ve decided to contact this sub too to learn more.
Last week we got the keys for our apartment, and the landlord had increased the net rent from 2960 (gross 3300) to 3160 CHF (gross 3500, ~7% increase on net). [3 conditions are listed here](https://www.mieterverband.ch/mv/mietrecht-beratung/ratgeber-mietrecht/top-themen/anfangsmietzins.html) for contesting the rent:
1. Being forced to sign the contract due to shortage of housing or personal hardship
2. Increase above 10%
3. High rent compared to similar apartments in the area
I **might** be able to press the first point, as my wife is expecting twins, and we already have a 2 year old. We needed to move to a larger home, and it took as a year to find a suitable place.
The second point obviously doesn’t apply.
The third point might be the most interesting for us. All apartments in the building were renovated one year ago, and the previous tenant has lived there for a year as well, so this 7% increase happened in 1 year, with no changes to the apartment in the meantime. I haven’t checked yet, but I’d wager that most of the other tenants in the same building are still paying the original rent that was set after the renovation. AFAIK I have to provide 5 examples about rental objects with similar properties to press the third point.
And here are my questions:
1. What information do I need to collect about these apartments **exactly**? Is there an example form I could use for this? Also, do I have to just save a couple of advertisements from Homegate, or do I need a signed form from the tenants living in these apartments?
2. Which apartments can serve as examples? Can I collect information about apartments that are rented by the same company, in the same building? Would any similar apartment in a 500m radius be okay?
One could argue that the 7% increase I’m contesting is not worth dealing with, but with twins on the way, every little bit we can save helps.
Thanks a lot!
8 comments
IANAL, but:
The main problem with contesting the rent is proofing the rent’s “orts- und quartierüblichkeit”. The burden for this proof is ridiculously high. [You need to find at least 5 apartments in the same area of town, which are comparable to yours in location, size, configuration and time of construction. Also, those apartments must not belong to the same landlord](https://www.gerichte-zh.ch/themen/miete/mietzinsgestaltung/missbrauchskriterien/vergleichsmiete.html). In most situations, this is borderline impossible because the apartments the court asks for do not exist or there is no way for you (or the landlord) to get the data.
So the question is who has the legal burden to proof “orts- und quartierüblichkeit”, and this is where the magic 10% number comes in. The federal court ruled that when the rent increases more than 10%, the default assumption is that the increase is abusive, so it becomes the landlord’s burden to proof that the new rent is orts- und quartierüblich. However, if the increase is less than 10%, it’s the renter’s burden to proof that the rent is NOT orts- und quartierüblich. Because usually neither can bring the demanded proof, it just boils down to “increased more than 10% or not”.
Do note: This all only applies if your landlord didn’t do mayor renovations in the apartment between renters.
I would also consider if the additional 200/month are worth to start the stress of a never ending feud with your landlord, whether you win the case or not, while you have the never ending stress of a pregnant wife -> two new babies. If the landlord is a large real estate company, it’s likely less of an issue than if it is a mom and pop landlord shop.
When moving into my current apartment the landlord increased the rent. I did contest the initial rent and we found ourselves in front of the ‘commission de conciliation’. There we concluded an agreement, where the rent increased less, but still some.
I don’t think you can win 100%, but maybe reduce the increase by 50%.
honestly if you plan to stay more than 3 years don’t contest it.
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Even if you are give right, you have a eviction protection for 3 years, but be assure that they will try to get you out after. Also they might not be so helpfull for other things, say fixing the freezer might just take some more time than usual or so. With childeren not really worth it imho.
There’s something I don’t get : you signed a contract, the rent was mentioned. That’s the one you both agreed on and that is due. Is there something I missed ? Because I don’t get it.
Are those 2960 what the former renters paid? Or what the landlord wanted to charge you before he modified the contract? Did you receive one of those forms that document what the former renters paid for the apartment?
You’re missing one possible reason for contesting the initial rent:
Missbräuchlich ist ein Mietzins, wenn der Vermieter mit der Wohnung eine zu hohe Rendite erzielt” ([https://mieterverband.ch/mv/mietrecht-beratung/ratgeber-mietrecht/top-themen/anfangsmietzins.html](https://mieterverband.ch/mv/mietrecht-beratung/ratgeber-mietrecht/top-themen/anfangsmietzins.html))
Since it’s Zürich, just assume the Nettorendite is too high, get a laywer, and be prepared to go to court. If the landlord is one of the big companies, they’ll know what their Nettorendite is, and that they will have to provide you with the documentation to calculate it yourself, when you go to court. You’ll get an offer from them before you actually go to court. But, talk to a laywer. The Mieterverband can recommend you one.
holy, 3000 bucks a month.. what are you renting? a 200 acre farm house with 8 bed rooms? lol
You’d be much better off buying.