Subletting in Switzerland: instructions for use

Are you going away for a year on an overseas assignment? Do you have a spare room in your accommodation? You naturally consider subletting your apartment. What are the rules? Who is responsible to the landlord? Answers to your questions about subletting in Switzerland.

Subletting in Switzerland: the legal conditions

First of all, it is important to know that subletting in Switzerland is authorized, but legally framed. The main tenant has indeed the right to sublet all or part of the property he occupies, even if the lease excludes this possibility. Such a clause would not be recognized. On the other hand, you have a duty to inform the landlord, at least verbally, but preferably by mail. You will have to specify the rooms concerned by this subletting, but also the identity of the subletter and the amount of the rent. In order not to risk termination of the lease, you must also respect certain conditions. The rent must not exceed the rent you pay to the landlord, the duration of the sublease cannot go beyond the end of the lease, and you cannot change the destination of the property. In plain English, an apartment cannot become commercial premises, for example.

Subletting in Switzerland: finding a subtenant

To find a subtenant, you can call on your personal network, but you can also post a free real estate ad to sublet the apartment on SherlockHomes. In order to maintain good relations with your landlord, it is advisable to warn him/her in advance of your desire to sublet, and to assure him/her that you are looking for a trustworthy person, with whom you will sign a subletting contract.

Subletting in Switzerland: the distribution of responsibilities

Subletting contract or not, only the main tenant is responsible towards the landlord. Also, if the subtenant deteriorates the property, the landlord will turn to you. Similarly, if the sub-tenant does not pay the rent, you will still have to pay your own rent. Three solutions to guard against these potential difficulties: urge the subtenant to take out liability insurance, ask for a deposit of three months' rent, take out rent guarantee insurance.

Subletting in Switzerland: the procedure in the event of termination of the rental agreement

If the landlord terminates the rental agreement between you and him, automatically, the contractual relationship between you and the subtenant also ends. In fact, you are obligated to notify your subtenant of the termination of the rental agreement by the landlord. It will then not be necessary to notify a termination of the sublease.

This article is not intended to be exhaustive and does not engage the responsibility of its author