11 questions and answers on subletting: what you should keep in mind
Whether it’s a single room or an entire apartment: subletting is widespread in Switzerland. What should subtenants and main tenants keep in mind – and is a sublease agreement necessary? Comparis answers 11 questions on subletting.
30.12.2022
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1. Is the landlord’s consent required?
In principle, subletting is permitted and may not be generally prohibited in the rental agreement. However, the tenant must inform the landlord in advance of the intended sublet and disclose the rental conditions.
The landlord may only refuse a sublet if the tenant imposes unreasonable conditions on the subtenant, or intends to make a profit through excessive rent.
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2. What should a sublease agreement look like?
Subletting should be governed by a written rental agreement. The same legal regulations apply as for “normal” renting. This is important, for example, when it comes to cancelling the contract, notice periods and termination dates.
In addition to the rooms used by the subtenant alone, any rooms n a shared flat for shared use, for example the kitchen and the bathroom, must also be explicitly recorded.
It’s important to fill out an apartment handover protocol as part of the process of accepting the apartment. It should be signed by all parties involved. Keep a record of all defects and wear and tear in the areas that are being sublet. A first document is to be filled in when moving in, then a second one when moving out.
3. How high should the sublease rent be?
As the main tenant, you may not generate any profit from the sublease. The rent usually corresponds to the proportion of living space used.
The main tenant may also charge the following costs on a pro rata basis:
Ancillary costs (heating, water, etc.)
Electricity costs
Internet usage
Fees for radio and TV (Serafe)
Additional costs for furnishing
In the case of a furnished apartment, you may charge a surcharge of a maximum of 20%. If you request a higher sublease rent, the landlord can refuse the sublease. For instance, a federal court ruling classified surcharges of 30% as abusive.
4. Is a verbal agreement enough?
Verbal contracts are legally binding. In the event of a dispute, however, you lack evidence. The arrangements would therefore have to be made in the presence of third parties.
For this reason: insist on a written rental agreement – whether you’re the sublessor or subtenant.
5. May the subtenant be obliged to pay a deposit?
Yes. The deposit may not be higher than three months’ rent and must be held in a blocked account.
6. Who is responsible for any damage?
The main tenant is liable to the landlord for any damage to the rented apartment. This also applies to damage caused by subtenants. However, main tenants can pass on damages to their subtenants if necessary. The subtenant should have a liability insurance policy.
The main tenant always remains the contact person for the landlord. This means that anyone subletting their apartment is always responsible for regular payment of the rent and compliance with the contract.
Read more here on the subject of tenant damage.
7. Who can subtenants contact in case of any damage?
Subtenants can usually contact the main tenant. Alternatively, subtenants can ask themain tenant for a power of attorney so that they can request any repairs directly from the landlord.
8. Are main tenants or subtenants allowed to terminate their tenancy verbally?
No. Notice must be in writing. This also applies if the contract was entered into verbally. It is also advisable to send the notice of termination by registered letter and to request confirmation of termination.
Sublessors must use the termination form valid in the respective canton when terminating their agreement. Subtenants are not required to use a certain form.
9. What are the notice periods?
The same applies as with “normal” tenancies: the notice period is generally three months.
The termination date corresponds – subject to the three-month notice period – to the local termination date. If there is no customary termination date, the termination shall apply to the end of the month after expiry of the three-month notice period.
A different agreement is possible.
10. How long can a sublease last?
There is no time limit. This has already been confirmed by the Federal Court. Even multi-year subletting is therefore legal.
However, the main tenant must express the intention to return to the apartment. Otherwise, the sublease would constitute a concealed transfer of the apartment, which landlords do not have to accept.
11. Do I have to move out as a subtenant if the tenancy between the landlord and main tenant ends?
The sublease also ends in that case. However, if the main tenant fails to give you notice of termination on time, you can claim damages.
This article was first published on 08.12.2020
