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Professional mobility, stays abroad or temporary changes in personal circumstances may lead you to consider subletting:


  • This practice, which can help you avoid paying double rent, is permitted and governed by Swiss tenancy law.
  • In order to sublet your current apartment or house, you must draw up a sublease agreement.
  • Indeed, you must first obtain your landlord’s consent before temporarily letting your apartment or house to a subtenant.

What is the legal framework for subletting in Switzerland?

First of all, Swiss law clearly recognises the tenant’s right to sublet their dwelling. Article 262 of the Swiss Code of Obligations (CO) provides that the landlord may not generally prohibit subletting.


In other words, the tenant has a fundamental right to sublet all or part of the rented property, provided that certain conditions are met. This principle protects the flexibility of occupants while allowing landlords to retain a certain degree of control over how their property is used.


Do you need to ask the landlord for permission to sublet?

Although subletting is permitted, it nevertheless requires the prior consent of the main landlord. This request should ideally be made in writing and must include all relevant information about the subtenant:

  • Their identity (last name, first name, date of birth, etc.);

  • The duration of the sublease agreement;

  • The amount of the rent;

  • Any specific arrangements, such as exclusive or shared use of certain rooms.

This transparency ensures a balanced relationship between the parties and allows the landlord to assess the subletting on a solid basis. However, the landlord is entitled to oppose the subletting in the following situations:

  • Excessive rent: If you increase the rent for the sublease in an excessive manner, the landlord is entitled to object to the arrangement.

  • Lack of transparency: If you refuse to disclose the terms of the sublease agreement or provide incomplete information, the landlord may refuse consent.

  • Major disadvantages for the landlord: Where the subletting leads to disturbances, significant overcrowding of the dwelling, or obvious risks to the proper management of the building, refusal is justified.

Outside of these situations, the landlord may not oppose the subletting, which highlights the importance of submitting a clear and coherent request.


Sublease agreement: what are your responsibilities as a sublandlord?

Even in the event of subletting, the main tenant remains fully responsible towards the landlord.


Your obligations

First and foremost, you remain responsible for paying the rent, complying with the house rules, carrying out routine maintenance, and fulfilling all obligations set out in the original lease agreement.


The subtenant, on the other hand, has no direct legal relationship with the main landlord. Therefore, in the event of damage or non-payment of the sublease rent, the main tenant must bear all consequences.


Your prohibitions

Swiss law seeks to prevent any unjustified enrichment of the main tenant. As such, the rent charged to the subtenant must not unjustifiably exceed the rent you pay to the main landlord.


A slight increase may, however, be permitted where the dwelling is offered furnished, where additional costs are clearly identified, or where the subletting includes the provision of specific equipment.


Any excessive increase exposes you to challenges from the subtenant and to a refusal of authorisation by the landlord.


Your duties of care

It is your responsibility to inform the subtenant of the house rules, in particular those relating to noise, common areas, waste management, or the use of parking spaces.


You must also inform the subtenant of the notice periods and termination conditions of the main lease, so that the subtenant is never taken by surprise in the event of early termination of the main lease.


What must the sublease agreement contain?

For it to be valid, enforceable, and above all to protect you as the main tenant (the sublandlord) from any risk of termination of your own lease, it must be in writing and contain precise clauses.


Identification of the parties

  • Parties: Full name and address of the sublandlord (main tenant) and the subtenant.

  • Object of the sublease: Clear and limited description of the premises being sublet (e.g. “Room No. 3 in the four-room apartment, with the right to use common areas: kitchen, bathroom, hallway”).

Financial aspects

  • Rent and charges: Amount of the net rent and ancillary costs (service charges), specified separately.

  • Anti-abuse clause: The agreement must comply with the rule prohibiting abusive enrichment. The sublease rent may not be significantly higher than the main rent, except for a justified surcharge for the use of furniture or increased wear and tear (often a maximum of 10–20%).

  • Security deposit: The amount (limited to three months’ gross rent) and a statement of the obligation to deposit it in a blocked bank account (rent deposit account) in the name of the subtenant.


3. Duration and termination of the agreement

  • Duration: Specify whether the agreement is for a fixed term or an indefinite period.

  • Dependency on the main lease: Clause stipulating that the sublease agreement automatically terminates by operation of law if the main lease agreement is terminated or cancelled.

  • Notice periods: The notice periods applicable to the sublease, which may differ (often shorter) from those of the main lease.

4. Obligations of the subtenant

  • Use: Definition of the permitted use (residential use only), prohibition on assigning the lease or sub-subletting.

  • House rules: Explicit statement that the subtenant is subject to the house rules (condominium / homeowners’ association rules).

  • Inventory and damage: The preparation of a joint condition report at the beginning and end of the agreement is essential to document any potential damage.

Liability insurance: Clause requiring the subtenant to take out valid personal liability insurance to cover any material damage they may cause to the apartment or the building.


What are the risks of an irregular subletting?

Subletting without authorisation, or in violation of Article 262 CO, may lead to severe sanctions.


In particular, the landlord may terminate the main lease if the tenant has deliberately concealed a subletting, charged excessive rent, or caused significant disadvantages to the building.


Furthermore, the subtenant also has remedies in the event of a manifestly excessive rent. They may bring the matter before the competent conciliation authority to request a rent reduction or reimbursement of overpaid amounts. This possibility rebalances contractual relationships and encourages the main tenant to propose a rent that complies with applicable standards.


Do you have a real estate project in Switzerland?

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