Legionella and failed construction in Regensdorf ZH: This is how tenants can defend themselves against defects

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The heating system goes on strike in the middle of winter, mold is spreading in the bathroom or there are vermin in the basement: If there is a defect in the rental apartment, the landlord must take action. But tenants always have to apply a lot of pressure to move things along. For example, in a new housing project in Regensdorf ZH: As Blick reports, when residents move in, door handles and window handles are missing, water leaks into the basement, and dangerous Legionella bacteria lurk in the pipes. The conditions have been going on for months and there is no improvement in sight.

According to the tenants’ association (MV), the defect-ridden new housing estate in Regensdorf is not an isolated case. About a third of all questions to MV are about defects. “I classify Legionella as a serious defect,” predicts Fabian Gloor (38), lawyer of the German-speaking Swiss tenants’ association. There is no legal precedent in Switzerland, but based on cases in Germany, Gloor says: “Tenants are entitled to a 10 to 20 percent rent reduction.”

To obtain rent relief, tenants need to take action in the case of legionella, mold and other defects: “First you should notify the landlord of the defect, ideally by a registered letter,” Gloor advises. “The letter requests that the defect be corrected within a certain period of time and the rent be reduced.”

The exorcism of the Sword of Damocles

Problem: Gloor knows from experience: “Such defect complaints often go nowhere.” If the landlord does not respond to the request, you can contact the arbitration authority at the next stage. “It’s free and affordable for ordinary people,” says Gloor.

As an additional means of pressure, you can deposit the rent with the arbitration authority. This means you will pay your rent to the arbitration authority rather than to the landlord. The official will suspend the rent until the deficiency is corrected.

“Under no circumstances should you reduce or stop paying your rent,” Gloor warns. Because that would mean you default on payments and in the worst case scenario, you risk being fired.

Losing your apartment scares many tenants. The same goes for trying to defend oneself. Gloor says it’s a shame: “People are being prevented from pursuing their rights.”

This sometimes costs a lot of money: Rent reductions can also be applied retroactively to the moment the landlord learned of the fault. Tenants in an inadequate new housing development in Regensdorf have been living with legionella for several months. With 275 rental flats and 130 retirement flats in the affected area, the landlord’s fortune is likely worth tens of thousands of francs.

Source :Blick