Subletting flats

Due to companies like “Airbnb” the topic of “subletting” has become increasingly important. For many tenants, it is tempting to sublet unused premises for a fee. Especially in connection with the coming holiday season, it is lucrative to offer one’s own flat or shared room on Airbnb during the holiday absence. However, in Switzerland, the provisions of Art. 262 CO must be observed when subletting rented accommodation.

If one’s own rented flat is rented to a third person via Airbnb in return for payment, this is a sublet pursuant to Art. 262 CO. Leaving a rented flat to another person for a fee constitutes subletting. Unless otherwise provided for in the tenancy agreement, this subletting is only permitted with the landlord’s consent. In addition, the landlord has a right to information. The landlord may only refuse consent to the subletting if the tenant refuses to disclose the conditions of the subletting to the landlord. Furthermore, the landlord is also entitled to refuse the subletting if the tenant achieves an excessive income with the subletting or if the landlord suffers substantial disadvantages from the subletting.

Since the landlord can refuse to sublet if the tenant demands too high a rent, caution is advised, especially in good locations or during the holiday season. Due to higher demand, it is quite possible that extraordinarily high yields can be generated from subletting a flat, even if only for a short time. Depending on the structure of the subletting, it could also be classified as an accommodation business. This is subject to a permit requirement. If a tenant intends to sublet the flat regularly, the obligation to obtain a permit should be clarified with the competent authorities.

If a tenant sublets the rented property without consulting the landlord, he must expect consequences. If there is a reason for refusal according to Art. 262 para. 2 CO, the landlord may terminate the tenancy with due notice, because this constitutes a breach of duty by the tenant. If the tenant continues to sublet after a warning from the landlord, he may even terminate the tenancy extraordinarily.