Airbnb: do I need approval from my landlord?
Are you planning to list your rental apartment on Airbnb? Then, from a legal point of view, you become a sublessor. Find out here what you need to know about tenancy law, the obligation to register and more.
11.05.2023
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1. What is Airbnb?
Airbnb is an international online portal for renting and reserving accommodation. If your rental apartment is vacant for a limited period of time, subleasing it via Airbnb is an attractive option. The advantage is that you receive a cost contribution from users – and the living space is used despite your absence.
Still looking for a suitable rental apartment? Choose your desired property from thousands of apartments in the Comparis property marketplace.
2. How can I rent out my apartment on Airbnb?
It can be rented online through airbnb.ch/host/homes or through smartphone apps for iPhones and Android devices. After entering the required information, you can publish your listing and become an Airbnb host.
3. Airbnb: do I have to ask my landlord for permission?
In Switzerland, you will need the consent of your landlord to rent your rental apartment on Airbnb.
However, your landlord may only refuse permission if
you refuse to disclose the terms of the sublease.
the terms of the sublease are abusive. In particular, excessive rent is considered to be abusive.
your landlord suffers significant disadvantages as a result of the subleasing.
Generally speaking, you must receive permission for each separate listing you make on Airbnb. With general permission to sublease the apartment or room via Airbnb, you don’t have to ask again each time. Insist on receiving permission in writing to avoid future disputes.
How is Airbnb regulated in tenancy law?
Airbnb rentals are subject to the same rules as regular apartment subleasing. The sublease is governed by the Code of Obligations (Art. 262 Swiss Code of Obligations). It states, among other things, that you must disclose the rental conditions to your landlord.
How much rent can I charge?
A reasonable rent amount is permitted. This means that you may not make any profit from subleasing. The price must be proportional around the rent you pay.
You can include additional costs in the price:
Ancillary costs (heating, water, etc.)
Electricity costs
Internet usage
Fees for radio and TV (Serafe)
Cleaning costs
Good to know: with a furnished apartment, you can add up to 20% more to the rent.
4. How are mandatory registration, visitor’s tax and income taxes regulated?
As a host, you must comply with all legal requirements in your canton.
In most municipalities, guests have to pay a tourist tax or accommodation tax taxes. Airbnb has entered into agreements with several cantons, so guests automatically pay city taxes when they book. If in doubt, check with the municipality where the property is located.
If your guests live abroad, there is a cantonal registration obligation. This means that you must report guests with residence abroad to the competent authority.
The way in which this must be done differs from canton to canton. Check with the relevant canton about the formalities before renting. This way, you play it safe and avoid a fine. Here, Airbnb provides more information about your responsibilities as a host.
Income from the rental must generally be taxed as income. However, you can deduct your costs. This includes, for example, the rental costs for the corresponding period.
Since you as an Airbnb host are not allowed to make a profit and prices are at most allowed to cover costs, there is no taxable income for legally compliant rentals.
5. Airbnb liability: who pays for claims?
Has a guest damaged the rental apartment during an Airbnb rental? In accordance with the Code of Obligations (art. 97)pay for the damages.
However, as a host, you can claim damages from the Airbnb guest and bring legal action at the accommodation’s location if necessary. This also applies to guests who live abroad.
Liability insurance is mandatory
Are you prepared for any costs that a guest might incur on your furniture or on the rented apartment? The good news is that basic cover is already in place with an Airbnb reservation. It includes damage protection and liability insurance for the host.
Airbnb advises that basic coverage is not a substitute for private insurance. To avoid being stuck with extra costs, it’s worth taking out more comprehensive cover in the form of contents insurance and liability insurance.
6. Renting an apartment through Airbnb: summary
Keep these points in mind and be on the safe side with your Airbnb rental.
Ask your landlord for permission in good time and inform them of the conditions.
Find out from the cantonal administration and your municipality what requirements and fees you can expect.
If the rental terms are reasonable, your landlord may not refuse subleasing through Airbnb.
Airbnb already provides basic coverage for property damage and liability cases.
With home contents insurance and liability insurance you can fully protect yourself.
This article was first published on 27.04.2018
