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Landlord - stop paying him under the table?

Howdy,

I could use some help and advice on a somewhat delicate matter.

The apartment I rent has an official rent that figures in my lease and that I pay each month to the Regie and on top of that, the landlord drops in and collects his monthly 'under the table' sum of Sfr.500 - an amount I had agreed on, since this was his condition for giving me the apartment.

This has been going on for quite a while now and since this was a gentleman's agreement I honored it.

Over time, it has occurred to me that the maintenance and upkeep of the building are being steadily neglected and in face of such neglect and the landlord's unwillingness to do anything about it, I no longer see a valid reason to honor our little agreement and I stopped paying him. The landlord is not pleased and though I was hoping he'd drop his demands of his own accord he persists

and inundates me with calls "reminding" me of my obligation.

Naturally, I realize the law is probably on my side but at the same time do not really want a confrontation and bad feelings and the mess that goes with it. What to do, what to do?

The text you are quoting:

Howdy,

I could use some help and advice on a somewhat delicate matter.

The apartment I rent has an official rent that figures in my lease and that I pay each month to the Regie and on top of that, the landlord drops in and collects his monthly 'under the table' sum of Sfr.500 - an amount I had agreed on, since this was his condition for giving me the apartment.

This has been going on for quite a while now and since this was a gentleman's agreement I honored it.

Over time, it has occurred to me that the maintenance and upkeep of the building are being steadily neglected and in face of such neglect and the landlord's unwillingness to do anything about it, I no longer see a valid reason to honor our little agreement and I stopped paying him. The landlord is not pleased and though I was hoping he'd drop his demands of his own accord he persists

and inundates me with calls "reminding" me of my obligation.

Naturally, I realize the law is probably on my side but at the same time do not really want a confrontation and bad feelings and the mess that goes with it. What to do, what to do?
RanRayNov 23, 2008 @ 23:37

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Re: Landlord - stop paying him under the table?
Post 1
I hope you kept all your receipt! I have no idea what you negotiated with your landlord, nor whether this is a fair deal. This being said, here are two things to consider:

1) this is purely illegal and he'd be in more trouble than you if it ever gets to the authorities

2) if he does not maintain the building properly, send him a formal request per registered mail whereby you explain that under those circumstances you do not feel obliged to honor your special arrangement. Step two, threaten him to go the ASLOCA.



Good luck!
The text you are quoting:
I hope you kept all your receipt! I have no idea what you negotiated with your landlord, nor whether this is a fair deal. This being said, here are two things to consider:

1) this is purely illegal and he'd be in more trouble than you if it ever gets to the authorities

2) if he does not maintain the building properly, send him a formal request per registered mail whereby you explain that under those circumstances you do not feel obliged to honor your special arrangement. Step two, threaten him to go the ASLOCA.



Good luck!
Free, Nov 23, 2008 @ 23:58
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Re: Landlord - stop paying him under the table?
Post 2
Thank you. Haven't heard of ASLOCA but will look them up.

There are no receipts, of course, it is (was) a cash arrangement. He is aware of the dire housing situation in Geneva and uses it. From what I gather, he buys buildings, renovates them, and has somekind of arrangement of a fixed rent, i.e. he is legally bound to rent out the appartments in these buildings for X amount, so that's where he requests additional cash....  

The text you are quoting:
Thank you. Haven't heard of ASLOCA but will look them up.

There are no receipts, of course, it is (was) a cash arrangement. He is aware of the dire housing situation in Geneva and uses it. From what I gather, he buys buildings, renovates them, and has somekind of arrangement of a fixed rent, i.e. he is legally bound to rent out the appartments in these buildings for X amount, so that's where he requests additional cash....  
RanRay, Nov 24, 2008 @ 11:55

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Re: Landlord - stop paying him under the table?
Post 3
Before you move, do this:

1) Become a member of ASLOCA. Will cost you CHF55/year. Check the phone book. They have very good and sharp lawyers.

2) Get an 'Assurance protection juridique privee' with e.g. Assista. Cost about CHF200/year.

3) Go and talk to the ASLOCA lawyers during the walk-in cost-free short-advise service available during one hour Mon-Fri. (You can pay the membership fee at the reception on arrival.) They will advise on you what to do. If at a later stage the lawyer will have to open a file and represent you, and perhaps follow the case to court - your insurance will kick in (on this matter the lawyer can inform you further).

The text you are quoting:
Before you move, do this:

1) Become a member of ASLOCA. Will cost you CHF55/year. Check the phone book. They have very good and sharp lawyers.

2) Get an 'Assurance protection juridique privee' with e.g. Assista. Cost about CHF200/year.

3) Go and talk to the ASLOCA lawyers during the walk-in cost-free short-advise service available during one hour Mon-Fri. (You can pay the membership fee at the reception on arrival.) They will advise on you what to do. If at a later stage the lawyer will have to open a file and represent you, and perhaps follow the case to court - your insurance will kick in (on this matter the lawyer can inform you further).
haegar, Nov 24, 2008 @ 14:10

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Re: Landlord - stop paying him under the table?
Post 4
Haeger - since I pay the official rent figuring in the lease, I feel in the right, in theory I could just tell him to f*** off :-) but was foolishly perhaps seeking a more pleasant way of ending it. Thanks for the advice.

Isa - Thanks, have no idea as I rarely met any neighbours. I would imagine I'm not the only one. 

The text you are quoting:
Haeger - since I pay the official rent figuring in the lease, I feel in the right, in theory I could just tell him to f*** off :-) but was foolishly perhaps seeking a more pleasant way of ending it. Thanks for the advice.

Isa - Thanks, have no idea as I rarely met any neighbours. I would imagine I'm not the only one. 
RanRay, Nov 24, 2008 @ 18:16

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