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Rent reduction problem with Regie and ASLOCA

Hi, I'm looking for some advice on this.


At the recommendation of a friend, I put in an application for rent reduction through ASLOCA. Process went fine, and ASLOCA sent a letter to the Regie which informed them to be present in a court hearing in March, which seems to be the normal procedure as I read from other threads in this forum.


The issue now is that the Regie has contacted the company I work for in Geneva, and is using them to ask me to withdraw my case. Long story short, I am getting pressured by my own company Human Resources team (and I assume it will escalate to higher management level soon). The reason that my company told me is that the Regie is a very 'established' regie in Geneva, and has said that they will freeze all applications from the company I work for (the company places quite a few applicants each year). To me this sounds like bad behavior from the Regie and I can understand why my company is reacting this way.


My question is if anyone has encountered a similiar situation? I have already made an appointment with my Juris from ASLOCA later in the week, but I would like to do my homework about the subject first.


Thanks for the advice!

The text you are quoting:

Hi, I'm looking for some advice on this.


At the recommendation of a friend, I put in an application for rent reduction through ASLOCA. Process went fine, and ASLOCA sent a letter to the Regie which informed them to be present in a court hearing in March, which seems to be the normal procedure as I read from other threads in this forum.


The issue now is that the Regie has contacted the company I work for in Geneva, and is using them to ask me to withdraw my case. Long story short, I am getting pressured by my own company Human Resources team (and I assume it will escalate to higher management level soon). The reason that my company told me is that the Regie is a very 'established' regie in Geneva, and has said that they will freeze all applications from the company I work for (the company places quite a few applicants each year). To me this sounds like bad behavior from the Regie and I can understand why my company is reacting this way.


My question is if anyone has encountered a similiar situation? I have already made an appointment with my Juris from ASLOCA later in the week, but I would like to do my homework about the subject first.


Thanks for the advice!


Ivan EFeb 21, 2016 @ 10:15
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Re: Rent reduction problem with Regie and ASLOCA
Post 1

This is incredible.  You should contact a journalist and have the whole thing published.  And talk to a lawyer if you can.


The Régie (by the way, who they are?) should be ashamed of their behaviour.  This is acting as real mafiosi.

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This is incredible.  You should contact a journalist and have the whole thing published.  And talk to a lawyer if you can.


The Régie (by the way, who they are?) should be ashamed of their behaviour.  This is acting as real mafiosi.


TheOmegaMan, Feb 21, 2016 @ 22:20
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Re: Rent reduction problem with Regie and ASLOCA
Post 2

Totally agree with TheOmegaMan ... the world of regies is enough of a mafia already, don't let this scalate any further!!


Name them and shame them is the least they deserve! Even better if the case gets attention from the media.

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Totally agree with TheOmegaMan ... the world of regies is enough of a mafia already, don't let this scalate any further!!


Name them and shame them is the least they deserve! Even better if the case gets attention from the media.


ajimenezp, Feb 22, 2016 @ 07:24
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Re: Rent reduction problem with Regie and ASLOCA
Post 3

Ivan - my sympathies..I think you should also question your company's loyalty to you if they cave into this which by what you say sounds like they already have. What happened to looking after employees interests ??

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Ivan - my sympathies..I think you should also question your company's loyalty to you if they cave into this which by what you say sounds like they already have. What happened to looking after employees interests ??


Jeffery S, Feb 22, 2016 @ 08:39
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Re: Rent reduction problem with Regie and ASLOCA
Post 4

Thanks guys for your replies. I share the same sentiments, although I don't think I will contact the media or name and shame haha. I would prefer to shrink the matter to as small as possible, as even though my company does not show support, I don't want to create more trouble for them either.


Had a helpful PM that suggested that the issue could have developed this way because I omitted to do a friendly query with the Regie before contacting Asloca, which in retrospect I guess I should have (in my defence I didn't think Asloca application was considered 'aggressive' which is what my HR described it as). But at this point, it's all said and done so I can't be crying over split milk here.


But does this change your opinion or do you still think I am acting within my rights?


Thanks again for the valuable comments all.

The text you are quoting:

Thanks guys for your replies. I share the same sentiments, although I don't think I will contact the media or name and shame haha. I would prefer to shrink the matter to as small as possible, as even though my company does not show support, I don't want to create more trouble for them either.


Had a helpful PM that suggested that the issue could have developed this way because I omitted to do a friendly query with the Regie before contacting Asloca, which in retrospect I guess I should have (in my defence I didn't think Asloca application was considered 'aggressive' which is what my HR described it as). But at this point, it's all said and done so I can't be crying over split milk here.


But does this change your opinion or do you still think I am acting within my rights?


Thanks again for the valuable comments all.


Ivan E, Feb 22, 2016 @ 10:34
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Re: Rent reduction problem with Regie and ASLOCA
Post 5

I think you should tell us which regi this is.

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I think you should tell us which regi this is.


Jason Ellison, Feb 22, 2016 @ 13:38
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Re: Rent reduction problem with Regie and ASLOCA
Post 6

I agree - I also had another thought..if this regie is described as 'established' then what the hell are they doing performing stunts like this - sounds like they need to be 'de-established' !! (or may be they blackmailed their way to their lofty position...)

The text you are quoting:

I agree - I also had another thought..if this regie is described as 'established' then what the hell are they doing performing stunts like this - sounds like they need to be 'de-established' !! (or may be they blackmailed their way to their lofty position...)


Jeffery S, Feb 22, 2016 @ 15:22
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Re: Rent reduction problem with Regie and ASLOCA
Post 7

> because I omitted to do a friendly query with the Regie before contacting Asloca, which in retrospect I guess I should have


Sorry but this makes absolutely no sense.  What do you think the Régie would have answered you?  "Oh that's true, the rent is totally abusive, and since you asked friendly here's a reduction of 30%!"


The rent is overpriced, otherwise ASLOCA wouldn't have advised you to go to court.  And the Régie knows very well that.


I am very surprised also by the behaviour of the HR in your company, that instead of cutting bridges with this shady Régie chose to pressure you.  You are exercising a legal right, and the fact that they're trying to force you out of this might also be illegal.  Let them escalate to the upper management if they want. 


Good luck, and keep us informed about this.

The text you are quoting:

> because I omitted to do a friendly query with the Regie before contacting Asloca, which in retrospect I guess I should have


Sorry but this makes absolutely no sense.  What do you think the Régie would have answered you?  "Oh that's true, the rent is totally abusive, and since you asked friendly here's a reduction of 30%!"


The rent is overpriced, otherwise ASLOCA wouldn't have advised you to go to court.  And the Régie knows very well that.


I am very surprised also by the behaviour of the HR in your company, that instead of cutting bridges with this shady Régie chose to pressure you.  You are exercising a legal right, and the fact that they're trying to force you out of this might also be illegal.  Let them escalate to the upper management if they want. 


Good luck, and keep us informed about this.


TheOmegaMan, Feb 23, 2016 @ 18:48
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Re: Rent reduction problem with Regie and ASLOCA
Post 8

I wouldn't have expected a reduction, but I guess if I'm going to 'sue' someone, then an official request privately before sending a lawyer's letter directly would have this start on a better footing.


Spoke to my company HR again today, who repeated their reasons for asking me to withdraw (the benefit of the company). Again I have to say I don't blame them because it is clear that Regies in Switzerland have too much influence, and it is a real risk that this Regie tells all the other Regies that people from XX company are doing this. When I moved here, the company also put me up in a gratuit company apartment before I found this current one, so they have been reasonably accomodative. 


Another concern is that I am in Switzerland on overseas assignment, which I regard as a privilege, so less trouble for the company reflects better on me. I think it is within expectation that I will never be sent for overseas assignments ever again if this turns ugly.


I agree it is my legal right and I think I will end up pursuing this all the way. Will let you all know how it goes!


Thanks again all for your comments till now.

The text you are quoting:

I wouldn't have expected a reduction, but I guess if I'm going to 'sue' someone, then an official request privately before sending a lawyer's letter directly would have this start on a better footing.


Spoke to my company HR again today, who repeated their reasons for asking me to withdraw (the benefit of the company). Again I have to say I don't blame them because it is clear that Regies in Switzerland have too much influence, and it is a real risk that this Regie tells all the other Regies that people from XX company are doing this. When I moved here, the company also put me up in a gratuit company apartment before I found this current one, so they have been reasonably accomodative. 


Another concern is that I am in Switzerland on overseas assignment, which I regard as a privilege, so less trouble for the company reflects better on me. I think it is within expectation that I will never be sent for overseas assignments ever again if this turns ugly.


I agree it is my legal right and I think I will end up pursuing this all the way. Will let you all know how it goes!


Thanks again all for your comments till now.


Ivan E, Feb 23, 2016 @ 21:42
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Re: Rent reduction problem with Regie and ASLOCA
Post 9

Hi Ivan, correct me if I am wrong, but ASLOCA would initially have sent a standard half-page letter requesting a rent reduction and only once the regie did not react or told you to get lost for some invalid reason would they have pursued this to court. Is that correct? I have been through the process myself before and that is normally how it works. Normally the regie also settles a day or so before the hearing because they know that they are going to lose the case.


I would still be very interested to know the name of the regie as contacting your company is a new level of brazenness.

The text you are quoting:

Hi Ivan, correct me if I am wrong, but ASLOCA would initially have sent a standard half-page letter requesting a rent reduction and only once the regie did not react or told you to get lost for some invalid reason would they have pursued this to court. Is that correct? I have been through the process myself before and that is normally how it works. Normally the regie also settles a day or so before the hearing because they know that they are going to lose the case.


I would still be very interested to know the name of the regie as contacting your company is a new level of brazenness.


Frank B, Feb 24, 2016 @ 12:08
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Re: Rent reduction problem with Regie and ASLOCA
Post 10

This is illegal, immoral and injust yet sadly typical of the Geneva regie mafia, supported by a group of home brokers who get "deals" from corporates' HR departments. Unless your request was for an unreasonable rent reduction, which as previous commentator puts it, is quite impossible otherwise ASLOCA would have not undertaken your case. 


Let us know the Regie - in a PM if you prefer. And -  do you really want to work for such unethical company who lets itself being blackmailed like this and blackmails you in return?


And, you are not "suing" anyone. Taking your case to Tribunal de Beaux et de Loyers is a standard procedure in Geneve, precisley because of rental abuses by owners and super elevated rents accepted by multilaterals. 


Courage fighting for your rights. 

The text you are quoting:

This is illegal, immoral and injust yet sadly typical of the Geneva regie mafia, supported by a group of home brokers who get "deals" from corporates' HR departments. Unless your request was for an unreasonable rent reduction, which as previous commentator puts it, is quite impossible otherwise ASLOCA would have not undertaken your case. 


Let us know the Regie - in a PM if you prefer. And -  do you really want to work for such unethical company who lets itself being blackmailed like this and blackmails you in return?


And, you are not "suing" anyone. Taking your case to Tribunal de Beaux et de Loyers is a standard procedure in Geneve, precisley because of rental abuses by owners and super elevated rents accepted by multilaterals. 


Courage fighting for your rights. 


Camomile, Feb 25, 2016 @ 16:52
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Re: Rent reduction problem with Regie and ASLOCA
Post 11

Hi all, I just wanted give an update to everyone who has contibuted the useful advice.


Long story short, it escalated to management level in my company before the HR 'realised' they should not have poked their nose in my business in the first place. I checked what my direct manager's stance was, and he said it was my call but also that the company cannot do much against the regie's threat. I called the regie and told them I was willing to negotiate prior to the tribunal meeting, and they offered me a miniscule discount. I countered with the equivalent of 20% and they agreed. Of course all the time I was keeping my Asloca lawyer updated. They were supposed to send a signed copy of the contract amendment but they sent that too late (only the day before after 4pm) so I attended the tribunal with the lawyer anyway. The regie asked for the return of the signed copy so they will process and send the new rent invoices. The lawyer also told me that the owner cannot refuse to extend my lease even after it ends 1 year later. I cannot confirm if this is true but I'll deal with that if it comes.


In summary, despite it being a massive pain in the rear, I advise everyone with a valid case to pursue your rights and money! Today I am few hundreds better off each month which I can spend on my kid instead. Worth it.

The text you are quoting:

Hi all, I just wanted give an update to everyone who has contibuted the useful advice.


Long story short, it escalated to management level in my company before the HR 'realised' they should not have poked their nose in my business in the first place. I checked what my direct manager's stance was, and he said it was my call but also that the company cannot do much against the regie's threat. I called the regie and told them I was willing to negotiate prior to the tribunal meeting, and they offered me a miniscule discount. I countered with the equivalent of 20% and they agreed. Of course all the time I was keeping my Asloca lawyer updated. They were supposed to send a signed copy of the contract amendment but they sent that too late (only the day before after 4pm) so I attended the tribunal with the lawyer anyway. The regie asked for the return of the signed copy so they will process and send the new rent invoices. The lawyer also told me that the owner cannot refuse to extend my lease even after it ends 1 year later. I cannot confirm if this is true but I'll deal with that if it comes.


In summary, despite it being a massive pain in the rear, I advise everyone with a valid case to pursue your rights and money! Today I am few hundreds better off each month which I can spend on my kid instead. Worth it.


Ivan E, Apr 8, 2016 @ 21:19
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Re: Rent reduction problem with Regie and ASLOCA
Post 12

The problem with these rent reductions is you win the battle but lose the war. The regies become very bitter and unresponsive to your problems. Like for example if you need something repaired they can be a real pain about it just because they lost the case. 

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The problem with these rent reductions is you win the battle but lose the war. The regies become very bitter and unresponsive to your problems. Like for example if you need something repaired they can be a real pain about it just because they lost the case. 


Marcy S, Apr 15, 2016 @ 21:09
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Re: Rent reduction problem with Regie and ASLOCA
Post 13

Glad your case went well IvanE, especially after their dirty tactics.  ASLOCA are right, you are protected against being kicked out of your flat for up to three years (I seem to remember three years) if you have won a case, precisely to prevent you being mobbed out of your flat.  I suppose the hitch would be if your contract was really a year contract, but if your lawyer has already looked into this, it should be fine.  Also, Marcy S, you are also protected against "unresponsive" regies, in that you also have rights to have key things fixed and looked after and if the regie does not respond after repeated requests, you can ask for a rent reduction and eventually leave the flat without hte notice period.  Here too ASLOCA can probably advise as it is all very specific with how much percentage reduction for what, for what delay, etc.  IvanE would just need to make sure all is in writing and collect evidence of the various requests to fix things.  Ironically, I also benefitted from a rent reduction (different case, through LDTR) but the regie were all very professional with me throughout this process after an initial very agressive phone call.  I suppose once they have no clear case they might back off and the system protects the tentant, especially once they have been wrong in front of a tribunal.

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Glad your case went well IvanE, especially after their dirty tactics.  ASLOCA are right, you are protected against being kicked out of your flat for up to three years (I seem to remember three years) if you have won a case, precisely to prevent you being mobbed out of your flat.  I suppose the hitch would be if your contract was really a year contract, but if your lawyer has already looked into this, it should be fine.  Also, Marcy S, you are also protected against "unresponsive" regies, in that you also have rights to have key things fixed and looked after and if the regie does not respond after repeated requests, you can ask for a rent reduction and eventually leave the flat without hte notice period.  Here too ASLOCA can probably advise as it is all very specific with how much percentage reduction for what, for what delay, etc.  IvanE would just need to make sure all is in writing and collect evidence of the various requests to fix things.  Ironically, I also benefitted from a rent reduction (different case, through LDTR) but the regie were all very professional with me throughout this process after an initial very agressive phone call.  I suppose once they have no clear case they might back off and the system protects the tentant, especially once they have been wrong in front of a tribunal.


J. F, Apr 20, 2016 @ 18:48
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Re: Rent reduction problem with Regie and ASLOCA
Post 14

> I'm just a bit concerned because ASLOCA's fees have already racked up to CHF 1,100 and we are not even in court yet. 


This is why it's useful to have an assurance juridique. Usually they pay all legal fees. In case you're thinking about it, unfortunately it is too late to take it now as they don't accept cases for the first three months (otherwise everybody would seek their help when they have a case in court, instead of paying a lawyer).


 


> If everything ASLOCA says is correct (that the landlord is offering too little), then, why is the landlord being so stubborn? It does not make sense. Surely if he will loose more in court, he'd be more prepared to settle?


Ah, Geneva landlords/landladies are a race of their own.  I've had the misfortune of meeting a few that psychiatrists would make a fortune studying. 

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> I'm just a bit concerned because ASLOCA's fees have already racked up to CHF 1,100 and we are not even in court yet. 


This is why it's useful to have an assurance juridique. Usually they pay all legal fees. In case you're thinking about it, unfortunately it is too late to take it now as they don't accept cases for the first three months (otherwise everybody would seek their help when they have a case in court, instead of paying a lawyer).


 


> If everything ASLOCA says is correct (that the landlord is offering too little), then, why is the landlord being so stubborn? It does not make sense. Surely if he will loose more in court, he'd be more prepared to settle?


Ah, Geneva landlords/landladies are a race of their own.  I've had the misfortune of meeting a few that psychiatrists would make a fortune studying. 


TheOmegaMan, Apr 21, 2016 @ 22:16
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Re: Rent reduction problem with Regie and ASLOCA
Post 15

The problem with these rent reductions is you win the battle but lose the war. The regies become very bitter and unresponsive to your problems. Like for example if you need something repaired they can be a real pain about it just because they lost the case. 


Apr 15, 16 21:09

This is not true in our case.  We went to court because, after a fire in the building, our landlord, through the regie, transformed our flat although we objected.  We won the case with the help of ASLOCA and the transformations had to be removed so were wasted money for the landlord.  Since then I feel the regie is more cooperative than before! 

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This is not true in our case.  We went to court because, after a fire in the building, our landlord, through the regie, transformed our flat although we objected.  We won the case with the help of ASLOCA and the transformations had to be removed so were wasted money for the landlord.  Since then I feel the regie is more cooperative than before! 


mozambique, Apr 22, 2016 @ 07:29
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