The peaceful haven you discovered when you first visited your home is no longer there. Your neighbors are particularly noisy, to the point where the situation is no longer acceptable. So, how can you protect yourself from neighbor noise?
Before contacting the property management or a lawyer, meet with your neighbor to let them know about the inconvenience they're causing. They may be unaware of the disturbance they're causing and be willing to cooperate. Politely remind them that quiet hours are between 10 pm and 6 am and from noon to 1 pm. If the noise persists despite your conversation, it's time to take action.
The issue with renting an apartment is that you cannot carry out soundproofing work without the landlord's agreement, and the cost of such work does not fall on you. Therefore, you need to contact the property management and explain in writing the significant noise disturbance you're experiencing. If the landlord cannot intervene to reduce or eliminate the disturbance, they can still improve the soundproofing of the property, such as by replacing the windows or installing a soundproof flooring.
If your requests to the neighbor and property management have not resulted in a satisfactory outcome, send a registered letter to the property management stating that if they do not take action within a reasonable period, you will deposit your rent on a blocked account, justified by a fault in the leased property. Remind them of Article 257f-2 of the Swiss Code of Obligations, which stipulates that the tenant must show due respect. Instead of paying your rent to the landlord, you will deposit it into an account that can be released once the problem is resolved.
The landlord may not always have the power to stop the nuisance, especially if it comes from another building. Therefore, before sending a letter of termination of Swiss lease, you have another option: taking legal action. By filing a cessation of infringement action, you explicitly demand the prohibition of the behavior that you deem excessive and disturbing. However, these damages must be proven.
Sometimes the situation is deadlocked, and you find yourself helpless in the face of the inconvenience of this rental property. This is particularly the case during significant construction work. You may be able to accommodate it if you receive financial compensation for the damages incurred, or you can anticipate and draft a letter of termination of Swiss lease. However, you will need to find a replacement tenant. SherlockHomes is an ideal partner to help you in your efforts.
This article cannot be exhaustive and does not engage the responsibility of its author.
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