Creativity needs peace and quiet. Perhaps even the right background music. But if ambient noise is imposed on you, your leisure time can quickly come to an end. Unpleasant background noise can be tolerated temporarily. But if the disturbances become a permanent companion, you can defend yourself against them.
Freshly moved into your newly rented office space and sitting at your desk full of energy, you realize that the small neighborhood street serves as a test track for the nearby Vespa garage. You also chose your new office because of its quiet location. You have even had the landlord explicitly guarantee the peace and quiet. But still - because now the landlord has to answer for this shortcoming. Perhaps it is possible to seal the windows better with reasonable effort. It may be necessary to install new windows (which, however, will then usually also increase the value of the property and entitle the landlord to a rent increase).
If the landlord refuses to take possible measures to remedy the defect, you can set a deadline and threaten to deposit the rent with the conciliation authority. However, this is only possible if the landlord can actually do something about the defect. If there is no possibility of ensuring more peace and quiet with reasonable effort, you still have the benefit of a rent reduction.
Without the landlord's assurance, it would not be possible to speak of a defect under tenancy law. This is because the tenant essentially takes over a rental property "as viewed" - this also applies to the surroundings. Only if the initially quiet street had only become a test track during the current tenancy would there be a defect. The same applies if a major construction project is started in the immediate vicinity. As a tenant, you have to put up with the noise. However, if construction is taking place right next to you, you have the right to a rent reduction.
If concentration is disturbed by an inconsiderate neighbor who regularly blasts the residents of the building with techno bass and does not let them talk to him, the landlord must also intervene. In extreme cases, this means that the landlord must give notice to the troublemaker for breaching their duty of consideration. Even if the tenant of the apartment above you is clearly audible and regularly treads on the parquet floor with her high heels, the landlord must take remedial action. Or if the entire fiduciary office staff below you smoke so much that you can hardly breathe while thinking.
However, hypersensitivity is not protected. Whether a defect exists is assessed according to objective criteria. Of course, the purpose for which the property was rented must not be disregarded. The same requirements are not placed on the surroundings of storage rooms as on office premises. Perhaps the warehouse staff would even be happy if a nice Vespa roared past from time to time.
Book tip
Tenancy law
Moving, costs, termination - everything tenants need to know.
From the search to the tenancy agreement and utility bills to moving out: This indispensable handbook shows you what applies. With lots of tips, examples and sample letters. 2007 edition, 256 pages, Fr. 34.-.
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