Hi there,

First, I think meant 01.05.2012-30.04.2103, not 2012.

Second, the Régie is going to fight you tooth and nail, including saying that ASLOCA is wrong. Don't trust them. Régies hate ASLOCA.

I'm not a lawyer, but ASLOCA is very involved in Renter's Rights and has been around a long time doing good work on behalf of renters, so I'm sure that they are not leading you astray.

Still, it's good to confirm, but I think they're advice is sound.

If ASLOCA has agreed  to back you that is very positive.

They know what they are doing and don't tend to take on cases they will lose.

With no doubt the Regie will probably harass you in all sorts of ways. It will probably continue right through all the proceedings.

Keep and show all documention from the Regie and what they say. Take it to ASLOCA all documentation they send to you so they can add it to their file.

It's a question of waiting it all out. I had a friend who went through a regie- ASLOCA battle and it wasn't easy for him at all, even dispaired of things at times.

Needless to say ASLOCA won

Maybe I was harsh in saying the Regie will probably harrass you right through the proceedings, but it is a possibilty they they may continue to try to do this

I am not working in tenancy law, but from what you have written, I partyl agree with the ASLOCA position. Sure, they can be wrong as they are after all only human.

But everything seems to indicate, that this is a standard lease for a fixed duaration and I would evalutate this to be a standard

Art. 266

O. End of lease

I. Expiry of agreed duration

2 If the lease is tacitly continued, its duration becomes indefinite.

http://www.admin.ch/opc/en/classified-compilation/19110009/index.html

This on the other hand would mean, that the normal (usually three month notice period) would come into effect. Why are they telling you to leave at once, even though you already lived their for an additional two months?

I would try to get a second opinion at ASLOCA and depending on the outcome maybe even a third opinion from a lawyer. If you don’t already have a legal insurance, getting one now might not help, as many legal insurances have a retroactively clause, meaning, they won’t cover lawsuits prior of the insurance date.

I have only praise for Asloca.  If I understood correctly you are leaving the appartment anyway, so do as ASLOCA proposes and at the very worst you will have to pay back the rent the regie claims.

Having said this, I do not for one minute believe that this will be the case.  In my opinion no real need to speak to a second person in ASLOCA but for peace of mind.   

Which is your regie?  Some are incredibly stupid and seem to have no regard for the law.  Others are dictated to by the owners of the block who might be pension funds por something similar who have a standard policy and do not examine the merits of each case.

I would say you have nothing to lose 

Thanks all for the input. I went with my gut and spoke to another person at ASLOCA. 

I had a longer meeting, and everything was explained much more clearly. I was, however, given very different advice. I have to say that second time round, I got a more thorough explanation and also I have more confidence in his plan of action. 

Alan - you were right! And it was ASLOCA telling me to leave (not the reggie) so that I can stop paying rent before next month begins. 

I guess that the lawyers there are just like those in any other firm, there are some with more experience, and some will have bad days etc...

It's not over, and I have NEVER needed a lawyer before (feels like something I only see happen in movies), but I now understand what people mean when they say they have confience in ASLOCA. Now fingers crossed it all goes according to plan!

Hi Judy, 

Yes, everything worked out even better than we could have hoped for. In the end, the second lawyer was great. It was threes ago though, and I haven't had any reason to try them again. 

Not a good sign that he hasn't been responding, you can always talk to someone on reception and see if he is in the office. Hope it all goes well for you!

Hi Judy, I have had somewhat of a same experience of having 4 laywers to my case with ASLOCA.  Btw, do you know ASLOCA's hourly rate for the lawyers? And were you told at the initial meeting of their hourly rate?  Thanks.  

Cheers, Anushia