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During ongoing proceedings, the previous rent applies. Certain landlords fight this rule.
A property management company increases the monthly rent in an apartment building in Zurich by up to 100 francs. A tenant disputes the rent increase. According to the law, the existing rental agreement continues to apply unchanged during arbitration or court proceedings. That tenant continues to pay the previous rent.
Tenant: “irritated and unsettled”
The administration promptly sends a registered letter asking him to pay the new, higher rent. If he doesn’t do this, he will have to expect termination. “We were of course very irritated and no longer sure whether we had acted correctly,” says the tenant in the SRF consumer magazine “Espresso”.
Increase in such cases
Such cases have increased recently, says Nicole Schweizer, legal advisor at the Zurich Tenants Association. And it is not uncommon for the recipients of such threatening letters to be unsettled and frightened and then unconditionally pay the higher rent, says Schweizer.
Tip: Report to the administration immediately
But in such cases, the tenants have the law on their side: “We recommend that you contact the landlord or administration immediately and point out the error,” says the tenants’ association’s legal expert. You should also have it confirmed in writing that the request for payment and the threat of termination have been withdrawn, advises Schweizer.
It is also worth receiving written confirmation that any internal administrative entries about the payment behavior of those affected would be deleted under these circumstances. Such entries could become a stumbling block when looking for an apartment in the future if you have to provide the current landlord as a reference.
In the present case from Zurich it worked after a few attempts and that administration withdrew the demand and threat. It was said that they had failed to store a reference to the ongoing arbitration proceedings in the system. It is still unclear when the arbitration hearing will take place.
One side or the other has to make up the difference
However, tenants must generally expect that the rent increase will ultimately be classified as legal. In such a case, you have to pay the difference – possibly a hefty amount. If you want to avoid this, you can also pay the higher monthly rent, says the legal expert. Then it is definitely worth making a written note that you will get back any overpaid amount from the landlord.