Subletting (Untermiete).

Subletting is generally allowed in Switzerland, but you need the landlord's consent (art. 262 OR). Ask for it in writing before the subtenant moves in.

What to send the landlord

1. Why you sublet (study, work abroad, family leave)
2. For how long
3. Who moves in
4. The sublet rent you plan to charge
5. A copy of the planned sublease
6. A note that you remain the main tenant and liable under your lease

When the landlord may refuse

Only on one of three grounds:

• you refuse to tell them the terms of the sublet
• the terms are abusive compared with your own lease (often: a sublet rent clearly above your own rent and costs)
• the sublet would cause them substantial disadvantages (for example too many people for the flat)

The law sets no deadline for the landlord's answer and does not say that silence counts as consent, so get the consent in writing. You can take an unjustified refusal to the conciliation authority (Schlichtungsbehörde).

What you may charge

You may not make a profit from subletting. The sublet rent may cover your own rent and Nebenkosten, plus reasonable extras for what you provide, such as furniture, internet or parking.

You remain liable

You stay the main tenant. If the subtenant causes damage, stops paying or breaks the house rules, you answer to the landlord. Protect yourself with a deposit (at most three months' rent, art. 257e OR), proof of the subtenant's liability insurance and a move-in inventory.

Special cases

• A WG where every flatmate signed the lease: not a sublet, but a joint tenancy
• Short stays through Airbnb or similar platforms: they count as subletting too and need consent
• Renting out a room while you live there: still a sublet

Without consent

Subletting without consent can cost you the flat: if you carry on after a written warning, the landlord can terminate with at least 30 days' notice to the end of a month (art. 257f OR).

General information, not legal advice.

• OR art. 262 (fedlex.admin.ch)
• OR art. 257f (fedlex.admin.ch)
• OR art. 257e (fedlex.admin.ch)