When the landlord may say no
| Ground for refusal in Art. 262 OR | What it means in practice |
|---|---|
| You refuse to disclose the terms of the sublease | Tell the landlord who moves in, for how long and at what rent |
| The terms are abusive compared with the main lease | Do not earn a profit margin on the flat |
| The sublease causes major disadvantages for the landlord | For example a use the lease does not allow |
Outside these three grounds the landlord cannot refuse consent (Art. 262 OR).
How to ask, step by step
- Write to the landlord before the subtenant moves in.
- Name the subtenant, the rooms, the start and the planned end.
- State the rent you will charge, and attach the draft sublease.
- Wait for the consent and keep it with your lease.
The law does not prescribe a form for the request. Writing gives you proof.
You stay the tenant
- You remain the landlord's contract partner and keep paying the full rent.
- You are liable to the landlord if the subtenant uses the flat in a way that you yourself would not be allowed to (Art. 262 OR).
- The landlord can hold the subtenant directly to the permitted use (Art. 262 OR).
What changed in 2024? Nothing
Parliament had passed an amendment of the Code of Obligations on subletting. On 24 November 2024 the people of Switzerland rejected it at the ballot box (Federal Council, vote documentation). The text of Art. 262 OR in force on 1 October 2026 is the one described here.
Renting out a single room
Subletting a room in the flat you live in follows the same article: the law speaks of subletting "in whole or in part". For shared flats, wgzimmer.ch is the usual board in Switzerland.
How aptari helps
aptari is for regular rentals, not for placing a subtenant. It helps on the other side: if you live in a sublet and want a lease of your own, the feed shows the rental listings of Homegate, ImmoScout24, Flatfox and about 800 cooperative websites, free and without login. With the Tenant Passport you build your dossier once, and Apply with Aptari writes your message in the listing's language, adds a private link to your dossier and copies it, wherever the button shows on listings from other Swiss portals and cooperatives. You paste and send it yourself.
This is general information, not legal advice.