You're leaving for two months on a humanitarian mission or vacation on the other side of the world, and instead of leaving your apartment in Geneva vacant, you're considering subletting it on Airbnb to offset the cost of rent. While this poses no problem for a property owner, tenants must adhere to certain rules. The risk? Potentially triggering the termination of the lease.
Subletting is allowed in Switzerland, but each case is specific. It's important to verify in the lease agreement whether subletting is permitted, as well as listing the property on Airbnb. Legally, the tenant is not required to obtain permission from the property owner. However, it is strongly advised to discuss it with the owner and sign an agreement between the two parties to specify the framework of the subletting. However, according to Swiss law (Article 262 of the Swiss Code of Obligations), subletting may be deemed inadmissible if three conditions are not met. Firstly, the tenant cannot refuse to share the subletting conditions on Airbnb with the landlord. Secondly, these conditions must be reasonable. In practical terms, the tenant cannot charge an excessive rent and generate profits. The rent can be slightly increased to account for services (electricity, internet, cleaning, etc.) without exaggeration. Finally, the subletting must not cause major inconveniences for the landlord, such as over-occupancy of the property, change in the intended use of the dwelling, or noise disturbances.
Therefore, when a tenant offers their apartment on Airbnb in Geneva, Lugano, or Lausanne, they must inform the property owner, request a rent equivalent to their own, and ensure that subtenants occupy the property while respecting the internal regulations of the building. If the tenant violates these rules or if the subletting is done for commercial purposes, the property owner can legitimately initiate the process of lease termination. Not genuinely residing in the property and offering it on Airbnb for the majority of the year may constitute a valid reason to demand the early departure of a tenant.
Subletting an apartment on Airbnb exposes the tenant to other risks. The tenant remains fully responsible to the landlord for any potential damages caused by the guests. In other words, if the guests damage the apartment, it will be the tenant's responsibility to carry out the repairs. And, of course, regardless of what happens, the tenant remains liable for the rent even if the subtenants have not paid theirs.
If you are unable to reach an agreement with your landlord to establish suitable subletting conditions and your lifestyle requires using Airbnb's services, you can find a new rental apartment on SherlockHomes.
This article cannot be exhaustive and does not engage the responsibility of its author.
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