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RENTING

Swiss daily dilemmas: Can I flush my toilet at night?

Of the many urban myths about Switzerland, the belief that it is forbidden to flush the toilet at night is one of the most persistent. Here's what you need to know.

Can you flush one of these at night in Switzerland? Photo by Jan Antonin Kolar on Unsplash
Can you flush one of these at night in Switzerland? Photo by Jan Antonin Kolar on Unsplash

One of the first things that strikes foreigners in Switzerland are the (sometimes very) long lists of rules governing life in apartment buildings in the country.

Known as the ‘Hausordnung’ in German or the ‘règlement de maison’ in French, these dreaded house rules are usually pinned up in a prominent position and can cover everything from whether you are allowed to keep a pet in an apartment to an obligation on tenants to clear snow away in winter.

READ ALSO: Ten things foreigners do that make the Swiss really uncomfortable

These rules are included in the contract and you should read them closely before signing a lease as they are a legal obligation.

‘Rest periods’

In addition, the rules often include a mention of so-called ‘rest periods’ (Ruhezeiten/ temps de repos).

Such quiet times are set by local authorities around Switzerland and differ slightly depending on where you live.

In Zurich, for example, the legal quiet times are from 10pm to 7am, although on Fridays and Saturdays, and during summer, the rest time is from 11pm to 7am. According to the by-laws, “disruptive behaviour” should be avoided during these hours.

In addition, people are also expected to avoid unnecessary noise from 8pm in the evening, and on Sundays, although there is more leeway here during night-time hours.

READ MORE: The 12 strange laws in Switzerland you need to know

But none of the above stops people from flushing a toilet at night.

Swiss rental law is not specific

In fact, the idea of a national ban on night-time toilet flushing doesn’t mirror the Swiss legal situation at all.

Thomas Oberle, a lawyer with the homeowners’ association HEV, points out that contrary to popular belief the rental law in Switzerland is not very specific. This means that landlords can interpret the law as they see fit.

In short, there are no blanket Swiss house rules that apply to all tenants.

So what would happen if a landlord decided to ban toilet flushing at night?

READ ALSO: How to behave and what to expect when living in Switzerland – An expert’s mini guide

Well, that wouldn’t stand up in court. According to Swiss Tenants Association (MV), house rules are only binding when they have a practical basis and when they are proportionate.

The MV adds that house rules cannot impose too much of a limit on people’s personal freedom.

In short, you can take a quick shower after 10pm during the week even the house rules ‘forbid’ this.

But taking baths at odd hours is another matter.

“I wouldn’t recommend running a bath at night as the noise would be inconsiderate,” Oberle of the HEV told The Local.

Morven McLean contributed reporting to the original version of this article.

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RENTING

Zurich’s housing woes spark illegal rental practices

The demand for affordable apartments in Switzerland’s largest city is so strong that some tenants have resorted to ‘blackmailing’ candidates for the lease takeover.

Zurich's housing woes spark illegal rental practices

As Zurich’s population is climbing steadily, fuelled by a continuing influx of foreigners – a trend that is expected to continue, according to demographers – the housing shortage is worsening. 

So much so, in fact, that a number of unscrupulous tenants who want to break their lease and are looking for suitable candidates to take over their rental contract, feel emboldened to pose some unreasonable conditions.

As the Swiss media reported, one practice which has become more commonplace lately is requiring that those taking over the apartment buy the furniture of the departing tenant.

If they refuse, there are plenty of other prospective tenants eager to fulfil any conditions just to get the foot in – both literally and figuratively.

One example of such advertisement cited by the media states that all the furniture currently in the apartment “must be bought for 3,500 francs”.

Some even go so far as to demand 8,000 francs for used furniture, dishes, and appliances.

This practice is, however, illegal and prospective tenants should not be bullied into it.

“The law prohibits making a lease contract dependent on other commercial transactions,” the newspaper said, adding that in such cases, it is advisable to contact the landlord or property management company directly, rather than deal with greedy tenants.

This unethical tactic is far from unique in Switzerland.

In other cases, rental agencies, rather than tenants themselves, have taken advantage of housing shortages by engaging in similarly unlawful practices.

In Geneva, for example, which suffers from a housing crisis of its own, some agencies were caught charging potential tenants hundreds of francs just to view vacant apartments. 

And that’s not all: Swiss Tenants Association (ASLOCA) found that some property managers routinely charge unwitting tenants fees for services that are either already included in their rent, or ones that shouldn’t have extra costs attached to them.

Among them are “application fees”, with some management companies charging from 100 to 200 francs, ostensibly for preparation of your contract, even though agencies cannot require additional fees for this service.

How can you avoid falling victim to these, and other, such tactics?

Unless you are an expert in tenancy law (which most people aren’t), you could benefit from joining your local tenants’ group.

Not only will it be a good source of information relating to your rights and obligations, and answer any questions about your tenancy, but it will also advocate for you if you ever have a disagreement or conflict with your landlord (provided, of course, that you have a defendable case).

These groups are divided according to linguistic regions, which means you can easily find one in your area:
Swiss German
Swiss French
Swiss Italian

READ ALSO: The common scams foreigners in Switzerland need to be aware of

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