Guide
Subletting rules in Switzerland
Subletting and handing your lease over look alike and behave very differently. Here is what a sublet commits you to, and when it is the right choice.
What subletting is, and what it is not
In a sublet, you stay the tenant. Your name remains on the lease and you let the property, or part of it, to someone else for a period. A second contract appears between you and your subtenant; the one you signed with the landlord does not move.
That is the whole difference from a lease takeover, where the incoming tenant signs with the landlord and steps into your place: you are released and your obligations stop. In a sublet nobody steps into your place. Both routes are legitimate and answer different questions, as set out inthree ways out of your lease.
You stay the tenant, and you stay responsible
Throughout the sublet you remain the landlord's only counterparty, not your subtenant.
- The rent is owed by you. If your subtenant stops paying, the sum still leaves your account on the first of the month; what they owe you does not suspend what you owe the landlord.
- The condition of the flat is your responsibility. At the end of your own lease the property is handed back by you, and any damage is settled with you.
- You answer for how the property is used. The Code of Obligations makes the main tenant liable towards the landlord where the property is used in a way the main lease does not permit.
- The deposit stays yours. The security held in your name is released on your tenancy, and depends on the state in which the flat finally comes back. Seegetting your rental deposit back.
The landlord has to be asked, and told the terms
Under Article 262 of the Swiss Code of Obligations, the tenant may sublet all or part of the property with the landlord's consent, asked for first, in writing, before anyone moves in.
The request is also expected to describe the arrangement rather than merely announce it: the law entitles the landlord to know the terms of the sublease, and refusing to disclose them is itself a ground for refusal. In Geneva practice a request states the subtenant's name, the start and end dates, the rent charged, whether the flat is let furnished, and how many people will live there. Many managing agents have their own form: ask for it, keep a copy, and wait for the answer before handing over any keys.
When consent may be refused
A landlord is not free to refuse for any reason. The Code of Obligations sets out the grounds, and they are narrow:
- The terms are not disclosed. If the tenant will not say on what conditions the property is being sublet, consent may be withheld.
- The terms are unfair compared with the main lease. The classic example is a sublet rent noticeably above what you pay. Furniture or services included can explain part of a gap; a plain mark-up cannot.
- The sublease causes the landlord major disadvantages. A use the building is not intended for, or an arrangement that no longer resembles a temporary sublet.
That third ground is where open-ended sublets run into trouble. A sublet with no return date, arranged by someone who has left the country, invites the question of whether the flat is still yours in any real sense. If you are gone, the honest instrument is a takeover, andArticle 264 exists to make that possible.
When a sublet makes sense, and when it does not
The test is not how long you will be away, but whether you are coming back to this flat.
A sublet fits a sabbatical, a posting with a fixed return, a secondment, or a fixed-term lease you cannot terminate early but do not want to pay for while it stands empty. The flat is still yours and you intend to walk back into it. Oursubletting service in Geneva covers the search and the checks.
A sublet does not fit a permanent departure. If you aremoving abroad for good, subletting leaves you paying for, and answering for, a Swiss flat you will never see again, from a time zone where fixing a problem is expensive. Once the arrangement is meant to last as long as your lease, you are transferring the flat without transferring the contract, and alease takeover closes the file.
Choosing a subtenant is choosing who you vouch for
Because the responsibility stays with you, the person you pick matters. Agencies generally look for a regular, documented income, rent and running costs of around a third of gross monthly income, a clean recent extract from the debt enforcement register and a valid residence permit. Those are habits of the market rather than rules of law, and worth borrowing: seewhat goes in a tenant file.
Two practical steps prevent most arguments. Put the sublease in writing, with dates, rent and what is included. And carry out an inventory with your subtenant on the day they arrive, photographs included, so that its state at the end is measured against something. The same logic governs your own departure, inthe final walk-through.
If you would rather not run this yourself, we do it as a service, for subtenants as for successors: the listing, the applications, the verification, the viewings and the presentation to the managing agent. No fee for the outgoing tenant when we find the successor, in exchange for two weeks of exclusivity. The conditions are on is the service really free.
This page describes the rules as commonly applied in Geneva. It is general information and does not replace legal advice on your case.
Frequently asked questions
Do I need my landlord to agree before I sublet?
Yes. Under Article 262 of the Swiss Code of Obligations the tenant may sublet with the landlord's consent, and the terms of the sublease have to be disclosed. Subletting without asking puts your own lease at risk.
Can my landlord simply say no?
Not without a reason. The Code of Obligations allows consent to be refused where the tenant will not disclose the terms of the sublease, where those terms are unfair compared with the main lease, or where the sublease would cause the landlord major disadvantages.
If my subtenant damages the flat, who pays?
You do, as far as the landlord is concerned. The main tenant remains liable towards the landlord where the property is used in a way the main lease does not permit. Your recourse is against your subtenant, not against the landlord.
Hand over your lease with a team that does it every week
Tell us about your flat and your move-out date. We handle your file within 24 hours. When we find your incoming tenant, the service costs you nothing.