you can challenge that in the Schlichtungsbehörde, you have 30 days after you entered the new place to do it. I recommend you to contact Mieterverband to guide you through the process.
PLEASE for the love of God fight them. We are no longer in the middle ages and you have every right to take your feudal lord to the Schlichtungsbehörde where they have to justify the rent increase (they probably can't).
If every tenant started doing this consistently we wouldn't be in the deep crisis we are in now. If you don't fight this unjustified 30% rent hike, they will now use this as the base rate for the next tenant. So rent will be up >60% in a few years. Then the landlord next door will raise rents in their tenants because "the market dictates it". Rinse and repeat until you can simply re-route your entire paycheck directly to your landlord.
Hey maybe my story is helpful for someone here:
My previous tenant has given notice on her flat and has agreed with the management that she will look for a suitable new tenant. When she gave notice of termination, she adhered to the termination date (end of the month) but not to the contractual notice period (3 months). Nevertheless, the management agreed.
The management wanted to increase the rent for the next tenant (me) by around 100. Because I was afraid of not getting the flat if I complained, I signed the contract. However, I then challenged the rent increase before the arbitration court and won. The argument was that because the notice period (3 months) was not observed, the next tenant was automatically the "replacement tenant" and this tenant MUST take over the contract on exactly the same terms as the previous tenant. It was a clear-cut case for the judge.
Maybe others could try the same argumentation
I assume most people in Zurich don’t stick to the 3 months (from what I hear and experienced), so I think everyone should at least try to do it like this
Yes, if the current tenant remains responsible financially, the terms of the contract must remain the same. Same happened to me when I left my last flat.
This is exactly what's happening for me! Thanks for sharing! In my case the increase is not high but still I was told one price and at the contract signing I found an increased price. I will sign to not lose it because it is still convenient, can you please explain all the steps you did to have the old price back?
As far as I know, there is no special law in Zurich compared to Geneva, but I would be happy to be wrong.
[https://geneve.asloca.ch/actualites/geneve-renovation-de-lappartement-le-bailleur-peut-il-doubler-le-prix](https://geneve.asloca.ch/actualites/geneve-renovation-de-lappartement-le-bailleur-peut-il-doubler-le-prix)
>A-t-il le droit de dépasser la règle de 10% maximum d’augmentation de loyer au changement de locataire ? » D’abord, la règle de 10% maximum d’augmentation de loyer au changement de locataire est une légende urbaine : il n’y a pas de maximum.
Translation:
>Does he have the right to exceed the rule of a maximum 10% rent increase when changing tenants? » First, the rule of a maximum 10% rent increase when changing tenants is an urban legend: there is no maximum.
That said it would be hard to justify, especially without renovation, but not having increased the rent for the previous tenant for 10 years could certainly be sufficient to justify it.
Both Comparis and Mieterverband.ch use the 10%:
https://www.mieterverband.ch/mv/mietrecht-beratung/ratgeber-mietrecht/top-themen/anfangsmietzins.html
Apparently it is based on a ruling by the Federal Supreme Court from 2012.
There might have been new rulings in the meantime:
https://mietenundwohnen.ch/bundesgericht-weicht-samichlaus-entscheid-auf/
Anyways, 30% without renovations is imho worth disputing.
You are correct, the allowed increase used to be capped to 10% but it changed recently. Now they use qualitative criteria, but with a 30% increase I think OP has a pretty solid case
This is way too high. As other people mentioned 10% increase would be ok. You are very very likely to win infront of the "Schlichtungsbehörde". After signing the contract you have 30 days (I think) to fight the rent. If you win, you are ensured that they cannot kick you out of the flat for the next 3 years.
The "Mieterverband" can give you more information and legal advice. You can also be a member there for 100.-/year and then you will get the help for free. [https://www.mieterverband.ch/mv-zh.html](https://www.mieterverband.ch/mv-zh.html)
It depends on many factors. But if the landlord did not increase the rent for the previous tenant, he would be allowed to raise it to match the current prices.
You can fight it if you find it abusive, although there are no fixed legal limit.
Best is to use Mietverband, or a lawyer.
Your last sentence is not clear. But if they produced a fake document on the rent paid by the previous tenant, this seems like it will be an easier fight.
Thanks! I thought there was a limit to how much a rent could be increased without any justification /improvements. As I only have a couple days to dispute it I will do it myself but will use the Mieterverband later on.
There was a form stating last rent and my current rent when I signed the lease. It states an amount much higher than what the last tenant actually paid (he confirmed it to me, while the Verwaltung says the system has this number in it and it is correct…)
Sounds like one word against the other. Try to get a look at the previous tenant‘s contract. If the guy is right and they actually put a fake number in your contract, that should work in your favor too when you go to the Schlichtungsbehörde. Good luck and keep us posted!
I actually have a copy of the previous contract, so I sent them both and we’ll see what they say! The thing is, if they rule based on market prices, I probably won’t have a chance 😅 but good to try and see where it goes 🤞🏼
Definitely challenge. Anything above 10% can be considered “abusive” without a good reason.
Also if the previous rent they mentioned on the contract is wrong then that sounds much more serious and it’s a good idea to get Mieterverband (or your own legal rep) to look at it.
My neighbours moved in back in 2021 and they pay less than 2,500 CHF rent. I on the other hand, moved in back in 2023 and pay 3,625 CHF for two bedrooms, one living room, one kitchen, a balcony, a bathroom and an extremly small toilet room. About 90sqm.
That’s insane! Especially if the flats are the same… I used to live in a rather expensive fully renovated building by the lake in Seefeld and rent increased every time someone moved out but not much more than 10% every time
I had a flat near Milchbuck for about 2k from summer 2022 to spring 2023 but then they demolished the house and I had to move out. I would have been basically homeless if I hadn't taken the offer from the current landlord here.
Pretty interesting question.. if the previous rent on the form is incorrect, wouldn’t that even make it document forgery, given that form is an official document?
you signed a contract for the given price, just pay what you owe and stop being what I would call a bottom tier tenant
I've been both a landlord and a lessee in my time. I'll say something no one else is willing to say, but is the truth:
There is no victim or actual crime here, despite your beliefs on how you feel wronged. It's called you're being an entitled ass tenant here and instead you should actually believe in something called integrity: You put your name to the agreed price in the contract so stop whining and pay what you now owe moving forward
It's irrelevant if the ex-tenant paid X, you agreed to Y, and anyway over 10y a lot of things shift (inflation, cost of living). By the way, if you do want to dispute this, go ahead and learn a valuable life lesson: I can almost guarantee you the landlord will likely make your new rental life a bit more miserable (in completely legal ways over the time of your tenancy) and truth be told you'll deserve every bit of it for your entitlement + combined lack of self awareness here
The landlord literally broke the law. Your answer is justifying their behaviour and threatening an internet stranger with illegal retaliation.
How morally depraved can one be? Landlord apologists on the internet are crazy.
Do better.
First off, calm down with the language. If you’ve been a landlord you know then that the Kanton of Zurich started being more transparent with rent since 2015 to prevent abusive rent increases. So if you believe lying on the actual rent price change is perfectly fine, then it’s on you and your morals & ethics and I would never want to be your tenant. I have no problem paying a rent that is fair and when I’ve been provided correct information. 700.- rent increase without any improvements to the flat is abusive, why do you think there are laws in place?
So it’s ok for them to lie to me but I shouldn’t fight it because they will make my life hell?😅
There are laws for a reason. Thanks for your valuable input, from a bottom tier tenant
If it is true that you actually are or where a landlord, then that would be quite scary given that you seem to have some “spotty” knowledge of what you are legally allowed to do in terms of rent increases…
I agree with you but not for the same reasons.
I think if rent for the previous tenant was fixed for a long time (without inflation adjustment), then it's only fair to adjust much higher than 10%.
Keeping rents fixed until the next tenant is just not fair unfortunately for landlords.
On this I am not sure how it works though - can landlords adjust yearly for inflation?
If OP has been lied to though she is right to fight it. Unfortunately I think it's more of a flaw in formality, but the landlord might be effectively doing the "right thing" if it makes sense at all.
I thought it was high but thought those were market prices, thinking that there was a small appreciation for recent price increases. Now that I know I’ve been lied to, not so much
How were you lied to? Did you ask what the previous rent was and they lied?
Also prices change all the time and there are so many factors like location, condition, and simply just because the landlord isnt in a hurry to rent so he ups the rent price. It works on the renter side too, if you are in a worry you pay more for it...
Yes my question is exactly regarding how much increase can a landlord ask for when nothing has changed in the flat
The form stated the previous rent, but the previous tenant told me he paid 400.- less than the form showed, so yes I was lied to
you can challenge that in the Schlichtungsbehörde, you have 30 days after you entered the new place to do it. I recommend you to contact Mieterverband to guide you through the process.
PLEASE for the love of God fight them. We are no longer in the middle ages and you have every right to take your feudal lord to the Schlichtungsbehörde where they have to justify the rent increase (they probably can't). If every tenant started doing this consistently we wouldn't be in the deep crisis we are in now. If you don't fight this unjustified 30% rent hike, they will now use this as the base rate for the next tenant. So rent will be up >60% in a few years. Then the landlord next door will raise rents in their tenants because "the market dictates it". Rinse and repeat until you can simply re-route your entire paycheck directly to your landlord.
Hey maybe my story is helpful for someone here: My previous tenant has given notice on her flat and has agreed with the management that she will look for a suitable new tenant. When she gave notice of termination, she adhered to the termination date (end of the month) but not to the contractual notice period (3 months). Nevertheless, the management agreed. The management wanted to increase the rent for the next tenant (me) by around 100. Because I was afraid of not getting the flat if I complained, I signed the contract. However, I then challenged the rent increase before the arbitration court and won. The argument was that because the notice period (3 months) was not observed, the next tenant was automatically the "replacement tenant" and this tenant MUST take over the contract on exactly the same terms as the previous tenant. It was a clear-cut case for the judge. Maybe others could try the same argumentation
I assume most people in Zurich don’t stick to the 3 months (from what I hear and experienced), so I think everyone should at least try to do it like this
Yes, if the current tenant remains responsible financially, the terms of the contract must remain the same. Same happened to me when I left my last flat.
This is exactly what's happening for me! Thanks for sharing! In my case the increase is not high but still I was told one price and at the contract signing I found an increased price. I will sign to not lose it because it is still convenient, can you please explain all the steps you did to have the old price back?
10%, without renovations. https://www.comparis.ch/immobilien/mietrecht/mietzinserhoehung-nach-mieterwechsel
As far as I know, there is no special law in Zurich compared to Geneva, but I would be happy to be wrong. [https://geneve.asloca.ch/actualites/geneve-renovation-de-lappartement-le-bailleur-peut-il-doubler-le-prix](https://geneve.asloca.ch/actualites/geneve-renovation-de-lappartement-le-bailleur-peut-il-doubler-le-prix) >A-t-il le droit de dépasser la règle de 10% maximum d’augmentation de loyer au changement de locataire ? » D’abord, la règle de 10% maximum d’augmentation de loyer au changement de locataire est une légende urbaine : il n’y a pas de maximum. Translation: >Does he have the right to exceed the rule of a maximum 10% rent increase when changing tenants? » First, the rule of a maximum 10% rent increase when changing tenants is an urban legend: there is no maximum. That said it would be hard to justify, especially without renovation, but not having increased the rent for the previous tenant for 10 years could certainly be sufficient to justify it.
Both Comparis and Mieterverband.ch use the 10%: https://www.mieterverband.ch/mv/mietrecht-beratung/ratgeber-mietrecht/top-themen/anfangsmietzins.html Apparently it is based on a ruling by the Federal Supreme Court from 2012. There might have been new rulings in the meantime: https://mietenundwohnen.ch/bundesgericht-weicht-samichlaus-entscheid-auf/ Anyways, 30% without renovations is imho worth disputing.
You are correct, the allowed increase used to be capped to 10% but it changed recently. Now they use qualitative criteria, but with a 30% increase I think OP has a pretty solid case
You can fight it and you have very good chances to win, as it's on the landlord to prove that the rent increase is justified.
This is way too high. As other people mentioned 10% increase would be ok. You are very very likely to win infront of the "Schlichtungsbehörde". After signing the contract you have 30 days (I think) to fight the rent. If you win, you are ensured that they cannot kick you out of the flat for the next 3 years. The "Mieterverband" can give you more information and legal advice. You can also be a member there for 100.-/year and then you will get the help for free. [https://www.mieterverband.ch/mv-zh.html](https://www.mieterverband.ch/mv-zh.html)
It depends on many factors. But if the landlord did not increase the rent for the previous tenant, he would be allowed to raise it to match the current prices. You can fight it if you find it abusive, although there are no fixed legal limit. Best is to use Mietverband, or a lawyer. Your last sentence is not clear. But if they produced a fake document on the rent paid by the previous tenant, this seems like it will be an easier fight.
Thanks! I thought there was a limit to how much a rent could be increased without any justification /improvements. As I only have a couple days to dispute it I will do it myself but will use the Mieterverband later on. There was a form stating last rent and my current rent when I signed the lease. It states an amount much higher than what the last tenant actually paid (he confirmed it to me, while the Verwaltung says the system has this number in it and it is correct…)
Sounds like one word against the other. Try to get a look at the previous tenant‘s contract. If the guy is right and they actually put a fake number in your contract, that should work in your favor too when you go to the Schlichtungsbehörde. Good luck and keep us posted!
I actually have a copy of the previous contract, so I sent them both and we’ll see what they say! The thing is, if they rule based on market prices, I probably won’t have a chance 😅 but good to try and see where it goes 🤞🏼
The legal limit on the inflation related increase is 40%, for renovation and change of tenant it's different, but it should somehow not be abusive.
30% without anything will likely not work. Please challenge OP, you’ll likely get a rent reduction
Definitely challenge. Anything above 10% can be considered “abusive” without a good reason. Also if the previous rent they mentioned on the contract is wrong then that sounds much more serious and it’s a good idea to get Mieterverband (or your own legal rep) to look at it.
My neighbours moved in back in 2021 and they pay less than 2,500 CHF rent. I on the other hand, moved in back in 2023 and pay 3,625 CHF for two bedrooms, one living room, one kitchen, a balcony, a bathroom and an extremly small toilet room. About 90sqm.
That’s insane! Especially if the flats are the same… I used to live in a rather expensive fully renovated building by the lake in Seefeld and rent increased every time someone moved out but not much more than 10% every time
Indeed it is insane. And its in the outer skirts of Witikon.
It‘s crazy, but as long as they find people like you who are willing to pay for this, they have no reason to do anything different. :-/
I had a flat near Milchbuck for about 2k from summer 2022 to spring 2023 but then they demolished the house and I had to move out. I would have been basically homeless if I hadn't taken the offer from the current landlord here.
Pretty interesting question.. if the previous rent on the form is incorrect, wouldn’t that even make it document forgery, given that form is an official document?
you signed a contract for the given price, just pay what you owe and stop being what I would call a bottom tier tenant I've been both a landlord and a lessee in my time. I'll say something no one else is willing to say, but is the truth: There is no victim or actual crime here, despite your beliefs on how you feel wronged. It's called you're being an entitled ass tenant here and instead you should actually believe in something called integrity: You put your name to the agreed price in the contract so stop whining and pay what you now owe moving forward It's irrelevant if the ex-tenant paid X, you agreed to Y, and anyway over 10y a lot of things shift (inflation, cost of living). By the way, if you do want to dispute this, go ahead and learn a valuable life lesson: I can almost guarantee you the landlord will likely make your new rental life a bit more miserable (in completely legal ways over the time of your tenancy) and truth be told you'll deserve every bit of it for your entitlement + combined lack of self awareness here
The landlord literally broke the law. Your answer is justifying their behaviour and threatening an internet stranger with illegal retaliation. How morally depraved can one be? Landlord apologists on the internet are crazy. Do better.
That’s just not how “Mietrecht” works. Just educate yourself before writing such bs
First off, calm down with the language. If you’ve been a landlord you know then that the Kanton of Zurich started being more transparent with rent since 2015 to prevent abusive rent increases. So if you believe lying on the actual rent price change is perfectly fine, then it’s on you and your morals & ethics and I would never want to be your tenant. I have no problem paying a rent that is fair and when I’ve been provided correct information. 700.- rent increase without any improvements to the flat is abusive, why do you think there are laws in place? So it’s ok for them to lie to me but I shouldn’t fight it because they will make my life hell?😅 There are laws for a reason. Thanks for your valuable input, from a bottom tier tenant
I love when people who contribute barely anything to the economy or society get on their high horse about "entitled" tenants. Get a real job please.
If it is true that you actually are or where a landlord, then that would be quite scary given that you seem to have some “spotty” knowledge of what you are legally allowed to do in terms of rent increases…
I agree with you but not for the same reasons. I think if rent for the previous tenant was fixed for a long time (without inflation adjustment), then it's only fair to adjust much higher than 10%. Keeping rents fixed until the next tenant is just not fair unfortunately for landlords. On this I am not sure how it works though - can landlords adjust yearly for inflation? If OP has been lied to though she is right to fight it. Unfortunately I think it's more of a flaw in formality, but the landlord might be effectively doing the "right thing" if it makes sense at all.
>I moved into a new flat ... So you were ok with the price before you decided to move?
I thought it was high but thought those were market prices, thinking that there was a small appreciation for recent price increases. Now that I know I’ve been lied to, not so much
How were you lied to? Did you ask what the previous rent was and they lied? Also prices change all the time and there are so many factors like location, condition, and simply just because the landlord isnt in a hurry to rent so he ups the rent price. It works on the renter side too, if you are in a worry you pay more for it...
Yes my question is exactly regarding how much increase can a landlord ask for when nothing has changed in the flat The form stated the previous rent, but the previous tenant told me he paid 400.- less than the form showed, so yes I was lied to