Subletting in Switzerland: Rules and Limits

The Principle: Landlord Consent Required (art. 262 para. 1 CO)

The tenant may sublet with the landlord's consent, obtained before subletting begins. The tenant must inform the landlord of the subletting conditions.

When the Landlord May Refuse (art. 262 para. 2 CO)

Refusal is only lawful if: (a) the tenant refuses to disclose subletting conditions; (b) conditions are abusive compared to the main lease (excessive profit); (c) the subletting causes major inconvenience to the landlord (incompatible use, overcrowding, problematic sub-tenant).

Outside these three cases, the landlord cannot refuse. Unjustified refusal allows the tenant to seek court authorisation.

Short-Term Subletting (Airbnb)

Subject to the same rules. The Federal Supreme Court (4A_210/2021) specified that regular tourist subletting may constitute a change of use justifying refusal or termination. Some cantons have specific regulations (e.g. Geneva's LHLO).

Risks for the Tenant

Subletting Without Consent

The landlord may set a deadline to regularise or cease. Art. 257f para. 3 CO allows termination with 30 days' notice. ATF 134 III 300 confirmed this constitutes a serious breach.

Main Tenant's Liability

The main tenant remains responsible for all lease obligations (art. 262 para. 3 CO), including damage caused by the sub-tenant.

The Subletting Contract

An autonomous lease between main tenant and sub-tenant, subject to general lease rules (art. 253 et seq. CO). The sub-tenant has the same protections as any tenant. However, the sublease ends automatically with the main lease.

Recommended Steps

1. Request landlord consent in writing (registered mail)
2. Conclude a written subletting contract
3. Conduct an inventory of condition with the sub-tenant
4. Inform the landlord of the sub-tenant's identity, agreed rent and duration