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Reimbursement of Lawyer fees

Dear All,


I had a case through ASLOCA against Regie for early termination of my apartment. The judge ruled the case in favour of us and the Regie accepted to pay us back the rent. I want to know whether can I claim the legal fees and compensation for my mental agony as well from Regie. When I asked ASLOCA, they mentioned that it cannot be claimed. I want to know the rules so that I can ask ASLOCA accordingly. 


Please note that I do not have any legal insurance.


Thanks in Advance


Regards


Krishna

The text you are quoting:

Dear All,


I had a case through ASLOCA against Regie for early termination of my apartment. The judge ruled the case in favour of us and the Regie accepted to pay us back the rent. I want to know whether can I claim the legal fees and compensation for my mental agony as well from Regie. When I asked ASLOCA, they mentioned that it cannot be claimed. I want to know the rules so that I can ask ASLOCA accordingly. 


Please note that I do not have any legal insurance.


Thanks in Advance


Regards


Krishna


krishna VOct 6, 2014 @ 11:03
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Re: Reimbursement of Lawyer fees
Post 1

No, I don't think it is possible. They will work along the lines that the money you got back should cover the expenses (does it?).

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No, I don't think it is possible. They will work along the lines that the money you got back should cover the expenses (does it?).


ola30, Oct 13, 2014 @ 12:48
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Re: Reimbursement of Lawyer fees
Post 2

The procedure before the Tenancy Court (Tribunal des baux et loyers) is free and you cannot obtain from the other party a reimbursement of the lawyer fees incurred during the lawsuit.


Also in Switzerland, for a civil case like this, you cannot claim relief for moral damage.


I think you better forget about this case.


You may try to explain to the regie that you paid such amount for your legal assistance and you ask for a reimbursement, at least partial. But it is unlikely that the landlord will agree.

The text you are quoting:

The procedure before the Tenancy Court (Tribunal des baux et loyers) is free and you cannot obtain from the other party a reimbursement of the lawyer fees incurred during the lawsuit.


Also in Switzerland, for a civil case like this, you cannot claim relief for moral damage.


I think you better forget about this case.


You may try to explain to the regie that you paid such amount for your legal assistance and you ask for a reimbursement, at least partial. But it is unlikely that the landlord will agree.


Alexandre P, Oct 13, 2014 @ 13:06
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Re: Reimbursement of Lawyer fees
Post 3

All the above coincides with what ASLOCA told me when I won my case.  I accepted it and have more than recovered the costs in the lower rent I obtained and the satisfaction of winning.  You could ask the regie but I think you are wasting your time.  You won - celebrate and invite your friends out for a drink (This cost also cannot be reclaimed from the régie)

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All the above coincides with what ASLOCA told me when I won my case.  I accepted it and have more than recovered the costs in the lower rent I obtained and the satisfaction of winning.  You could ask the regie but I think you are wasting your time.  You won - celebrate and invite your friends out for a drink (This cost also cannot be reclaimed from the régie)


Paul E, Oct 13, 2014 @ 15:10
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Re: Reimbursement of Lawyer fees
Post 4

Well, you may call me a dreamer, but if it's not free, it's not justice

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Well, you may call me a dreamer, but if it's not free, it's not justice


ajimenezp, Oct 13, 2014 @ 18:26
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Re: Reimbursement of Lawyer fees
Post 5

swiss civil law doesn't recognize such damages, including legal fees paid out. 

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swiss civil law doesn't recognize such damages, including legal fees paid out. 


Mark Spencer, Oct 13, 2014 @ 21:25
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