Subletting in Switzerland: consent, liability
When you may sublet your flat or a room, when the landlord can refuse, how much rent you may charge a subtenant and what you remain liable for as a tenant.
You may sublet all or part of your flat – for example a room to a flatmate or the whole flat while you are abroad. To do so, you need the landlord’s consent (Art. 262 para. 1 CO). The landlord can only refuse for one of the three reasons set out in the law; a lease clause that bans subletting altogether is ineffective.
When the landlord can refuse
- No information: you refuse to disclose the terms of the sublease (Art. 262 para. 2 let. a CO).
- Abusive terms: the terms of the sublease are abusive compared with the main lease, in particular a substantially higher rent (let. b).
- Significant disadvantages: the sublease causes the landlord significant disadvantages, such as overcrowding or commercial use (let. c).
Other reasons, such as personal reservations about the subtenant, are not enough. According to case law, however, you cannot rely on the right to sublet if you have given up the flat for good and no longer intend to return.
How to obtain consent
- Submit your request in writing before the sublease begins.
- State the person, the rooms being sublet, the duration and the rent, including furniture and service charges.
- Get the consent confirmed in writing. The law prescribes no form, but this way you can prove it.
How much rent may you charge?
In principle, no more than the share you pay yourself for the rooms being sublet. A reasonable surcharge for furniture, linen or other services is permitted. If you aim to make a profit from subletting, you risk refusal. Short-term lets, for example via online platforms, are also subletting and require consent; house rules and municipal regulations may apply as well.
Liability and end of the sublease
- You remain responsible to the landlord for the rent and any damage. You are liable for ensuring that the subtenant uses the flat only as you yourself are allowed to (Art. 262 para. 3 CO).
- Towards the subtenant, you are the landlord: notice periods, the official termination form and the rules on rent deposits apply to you as well.
- The sublease depends on the main lease: if the main lease ends, the subtenant cannot stay, and an extension is only possible until the end of the main lease (Art. 273b CO). So give notice on the sublease in good time.
- Subletting without consent where the landlord could have refused may lead to termination after a written warning (Art. 257f CO).
On immoz.ch you submit the request to sublet directly from the digital lease. The landlord consents, consents with conditions or refuses on one of the statutory grounds; the consent can be printed as an addendum to the lease.
This overview is not legal advice. The cantonal conciliation authorities and homeowners’ and tenants’ associations can help with questions.
Frequently asked questions
Do I need consent to sublet a single room?
Yes. Subletting part of the flat also requires the landlord’s consent (Art. 262 para. 1 CO).
Can the lease ban subletting completely?
No. The right to sublet is mandatory; the landlord can only refuse consent on the grounds set out in the law (Art. 262 para. 2 CO).
How long may I sublet for?
The law sets no maximum duration. What matters is that you intend to use the flat yourself again later. If a sublease runs for a very long time with no recognisable intention to return, the landlord may refuse consent.
Who is liable if the subtenant causes damage?
You are liable to the landlord (Art. 262 para. 3 CO). You can then claim the damage back from the subtenant.