Getting a digital keypad installed
Getting a digital keypad installed
"When I leave my house in the morning, I sporadically find my doormat flooded with urine. The housing association only agreed to install a code at the entrance to the building in return for a rent increase of CHF 11 per month per flat. As some tenants did not agree, the code was not installed. What can I do? Record my rent?
Natacha, Geneva
Under art. 256 of the Swiss Code of Obligations, the lessor is obliged to deliver the property in a condition suitable for the use for which it was leased and to maintain it in that condition. The notion of defect is relative and depends on the circumstances of the case, in particular the amount of rent, the age of the building, the location of the property and the usual quality standards.
If the property management company only agrees to install a digital keypad at the entrance to your building in return for an increase in rent, this is either because it does not consider this to be a defect, or because it is a defect but by remedying it it adds value to your building, which would then allow the rent to be increased.
It should be noted that in the event of a defect, the tenant has the right to ask the landlord to restore the property to its original condition, to reduce the rent proportionately, to pay damages or even to take legal action against a third party. Deposit is possible regardless of the extent of the defect, provided that it is preceded by a written warning to the lessor.
However, if the landlord adds value to the rented property, he may increase the rent for the next notice period, provided that the increase is justified by the additional benefit. In addition, notice of the rent increase and the reasons for it must reach the tenant at least ten days before the start of the notice period, must be given on an official form approved by the canton, must state the reasons for the increase and must not be accompanied by a threat of termination. If the tenant considers the increase to be unreasonable, he may contest it before the conciliation authority within 30 days of receiving the notice of increase.
