It's probably  best   to join the  tenants' rights organization, ASLOCA for 50francs  and  ask them  what  your rights  are...

Hi, Reka and Translator - thanks for the ideas. I might look into the idea of having the extra expenses paid - for example, the hotel rooms. I'm surprised and taken aback by how this regie is behaving. He has not given either of us any kind of assurance that our rent will be reimbursed for the month, or that we will be otherwise compensated. 

Tres mal :(

They have removed your toilet!!!

You are being remarkably calm about your situation.

How are you expected to live in your apartment without the most basic essentials? This is really outrageous and I hope you manage to sort it out and get, at the very least, all your costs covered.

Good luck.

Could you tell me which regie this is, this all sounds outrageous!?

Thanks

You must get in touch with Asloca immediately.  The Regie is obliged to offer you alternative accomodation to a similar standard - there is give and take here.  You might be slightly downgraded but it does not matter as it is short term.  This even if it you whzo have demanded the changes.

ASLOCA will also arrange escrow accounts but you cannot do this unilaterally otherwise the regie will have the right to evict you for non payment and charge the next tenant a higher rent for the improved property.

I do not understand why you have to be present in the flat.  Lock up your valuables and give the key to t he concierge or regie.  There is no problem with this in Switzerland

Get yourself registered with ASLOCA because if you are served with an eviction notice they casnnot help you if you register with them after the event.   They certainly speak English but prefer French.

ASLOCA are lawyers who fight for tenants rights but you have to pay if you use them for court cases.  But they are much much cheaper than other lawyers and the landlords never win.

As I said, do this today instead of wasting time watching the workers - an eviction notice might be on its way.

Also would be interested in who the regie is.

Just to emphasise that I amn not overreacting.  I asked for a wall to be plastered and a kitchern cupboard to be replaced and was served with an eviction notice.  I was fortunately already registered with ASLOCA who managed to get the whole flat redecorated including two new bathrooms and a new kitchen and a reduction in rent.  I think I had to pay arouind 3000 francs in fees.

Remember also the regie works on behalf of the owner but if you think it is the regie which has instigated this you could consider popping round there with a bucket of merde and leaving it in reception. Always good for business

Paul, thank you for the advice. So in Switzerland, they are obliged to only give you 30 days for an eviction notice?

I'll call ASLOCA today. If they offer anything helpful, I'll definitely post it on here. 

Cannot remember exactly but I think it is 30 days from the end of the month it is served.  But if you have a complaint running they cannot evict you hence the need to register with ASLOCA.  You have to pay the 50 francs in cash and take a little more just in case fees have gone up

ASLOCA is a tenant's best friend in Geneva.  We used them in a dispute with our regie and it was money incredibly well spent.

What a horror story!

Getting advice from Asloca is your best bet indeed.

Updated us on what they say: your case is one that could happen to all of us...

Nir

The name of the regie/landlord is Almeida. As of this afternoon, we still don't have a toilet or shower. We are going tomorrow to join ASLOCA and we will keep all of you informed about what they advise. Unfortunately their website has a rather incomplete FAQ section. 

Sweet vengeance is personally on my mind tonight. 

Glad that Moonfleet thinks you are on drugs.  Make sure you go to ASLOCA tomorrow at the latest.   Unfortunately doiubt if they will do much on a Friday but as said before you must register.  I would then suggest you ask them to set up an escrow qccount for your December rent and ask what rights you have to immediate alternative accomodation.  Each day's delay will run the risk of somebody asking.  If it was that bad, why did you not come before.

Agreed. To be honest, I had been waiting for my boyfriend to figure out what he wanted to do, since he was the one subletting the place. I stepped in at this point to ensure there would be no eviction. He's going to ASLOCA tomorrow, and I think your idea of an escrow account is an excellent one. I'll have him look for place for Jan, since he's out of town next month. 

Also, I thought they had to give three months notice? Or is it the usual 30 days?

Not sure about the time limit but if revenge is on your mind you want to on the attack and not fighting an eviction notice.   The notice period is in your contract.

Completely agree Paul, thats why I've been trying to get my guy in the fighting spirit,  rather than letting him stay on the 'oh why is this happening to me' vein. Hopefully ASLOCA can help. As for the contract, we've been trying to get a copy of it. Apparently the man we are subletting can't find a copy of it. 

This whole thing is a fine mess indeed. 

As you are subletting you will probably finf that it is the person you are subletting from who has to file the complaint.  Are you paying him or the Regie?  I also think a cioopy of the contract is required before ASLOCA will do anything. But that should not stop you making the intital visit 

Update, pardon for the earlier name - Almeida is the boss who did an extraordinary job getting the repairs done as quickly as possible. 

The Agence Immeuble: 

Alain Bordier et Cie, Rue du Vieux-College 8, 1204 Geneve, Tel: 819.11.19

The Service D'Immeuble:

Candeo, Maria del Carmen, Rte de Frontenex 100, 1208 Geneva, TEL: 022 340 39 08.

We decided to go to ASLOCA once we found a copy of our contract. Hopefully this will be early next week. We'll let you guys know what happens!

Oh dear I know a Pierre Bordier, was with him in the mountains last summer but he rund the private bank (Bordier) which I hope is separate.  Seems a nice guy.  I hasten to add I do not know him well enough to ask favours.  But the name Bordier is one of the old families of Geneva and normally very serious.  Not fly-by night estate agents. 

My problem was a very unprofessional regie.  So now I am asking myself whether there is something I do not know or there is a lack of communication between the guy you sublet from and the regie or between him and you.  A well established regie should not be putting you in such difficulty.  To whom do you pay the rent?

Don't forget that if the original renter did not  get written permission to sublet  from the regie, the sub-letters could be sh--t-out-of-luck and be evicted...just another reason to go to ASLOCA ASAP...

Both Translator and I are giving advice without knowing the full story and the result is that you are getting incomplete information.  What is your exact situation?  Who are you renting from, who are you paying? Do you have a contract or does only the sub - lessor have the contract.  If you do not want to put all of this on the website send us emails but I must admit that I am begining to lose interest in your problem. 

You originally seemed to have a desperate situation when you made your initial post but by Monday a week will have passed and despite strong advice you have done nothing.

So my last words are either you advise your exact situation in full or you wait because by now I am sure you are only a couple of days from the works being completed.

Translator will correct me if I am wrong but my feeling is

1. you have to go for the person / entitiy with whom you have the contract

2. if you have no contract there is nothing you can do.

I am especially interested in translators comment on point 2 because I sublet a parking place without a contract and the person has told me she doesn't need it any more and has no intention of paying the six months rent she owes.

I expect the answer to be.  You were f...g stupid to get into that situation (and they would be correct) but a constructive comment would be helpful  

 
Charlie if you read this you can still send an uncersored version of the previous paragraph

We have gone to the subletter numerous times. Apparently he can not find his copy of the contract, so there is little I can do at this point for the situation. If we are able to do something, we will let everyone know!

Thanks for the help... And yes, while I agree it was a dumb situation for my guy to get into, no, that kind of comment doesn't help at this point. 

Thanksyour email which I copied to translator.  The situation is clearer now.  I f nobody in glocals can advise further I still think it is worthwhile to go to ASLOCA to ask them if you have a leg to stand on.  If not, do not waste more time and put in down to bad experience.  Towards the end of your guy's sublet you could possibly 'forget' to pay him the rent for the period you were inconvenienced and if you have no contract there will not be much that he can do.

If you are thinking of staying long term here, the chat with ASLOCA with or without contract will be useful

I am a bit stymied here as I do not know how Swiss law interprets an agreement or contract not confirmed in writing.  It is clear that you have an agreement because you will have proof of payment.  Translator??  Your answer will help me with my parking problem

Well, the only advice I have given is to check with ASLOCA.

As the old adage goes, an oral contract is worth the paper its written on.  You have no proof of contract EXCEPT if you have receipts of payment.  And even then, you will only be able to get the rent-holder in  trouble with  the regie (or parking space owner as the case may be).  After all, the oral contract is NOT with the regie...

I currently sub-let and I have an official contract with the original lease holder. I also have a copy of the letter from her regie that says the renter is allowed  to sublet to me for a specified length of  time at a specified rate. 

As Paul E. pointed out, a non-official/unauthorized sub-letter can also royally screw the original renter....there are numerous ways, depending upon how soon  you can find another place to live (or park), and how many months' deposit s/he of yours is being held. 

In this housing market, people do what the have to to find a place to live. Some of us have made hideous mistakes by trusting in the "kindness of strangers" only to be screwed (without being kissed, as my friend from Queens, New York would say)....

So no unhelpful comments from me on this topic ...

Ariel:

Just ask the lease-holder to ask the Regie for a copy of the contract. They're not likely to refuse to send him a copy. 

And stop wasting your time: speak with Asloca already. 

Nir

Spoke with them today. The good news is that by retaining them with the membership fee and registration (85CHF), my guy and his sub-letter are basically guaranteed to not be evicted. The down side is that he was advised by ASLOCA to 'not make waves', ie, to not ask for compensation for not having a bathroom or toilet for 3 weeks. 

Rough situation. If anything more develops, I'll post on here. Thanks for the advice everyone!

The good news was what several mentioned to you.

As for the bad news I am semi gob-smacked and you need some feedback from others glocals who have had dealings with ASLOCA (not people offering friendly advice).

My memory is not what it used to be but I vaguely remember that my first interview with ASLOCA was a do not waste our time attitude but I persisted.  If you go on tom the link below you will see on page two of the doc that you are entitled to a 35% discount in the rent for sanitary works.  But I think that it would have to a longish period.  However three weeks is quite long.  I would suggest another quick visit to ASLOCA looking all innocent (or bursting into tears works if you are female) asking whether you can apply this request and whether you can apply it retrospectively - by this I mean try and get the reduction without involving ASLOCA but is the regie refuses, then ivolve ASLOCA retrospectively 

http://www.asloca.ch/sites/default/files/documents/reductions_de_loyer_en_cas_de_default.pdf

Experience from other glocals members would be useful to all who read this thread

Well, as I said  before, much appears to depend upon  whether the sublet is legal -- that is,  authorized, or not....

Keeping someone from being thrown out  on the street, especially  during  winter -- is different from whether the sub-renter has other tenant-related rights.

The "bursting into tears works if you are female" part, well, hmmmm...I  will not start a polemic on that  as  I have already used  my month's quota...

I think he's safe from eviction at this point, especially as he is only staying in this apartment and Geneva for about 6-8 more months. 

However, the more likely situation now is that his rent will increase. So, my next question, as he didn't get a clear answer yet from ASLOCA - how much notice do they need to give before raising the rent?

I am afraid that this is a question for ASLOCA.  I think the rent can only be increased at the renewal of each lease so depends if you have a three month lease or a 12 month lease.   But if he is not here long term I wouild not waste time on this unless it is a massive increase.

As your case is registered I think you do not need to do anything with ASLOCA on this matter until you are presented with a rent increase which might not happen

The "bursting into tears works if you are female" part, well, hmmmm...I  will not start a polemic on that  as  I have already used  my month's quota...

Translator you claimm to like facts

Give my a case where a man has got what he wanted by bursting into tears and I will withdraw my comment