Subletting

The sub-tenant is tolerated by the lessor and, vis-à-vis the latter, it is the tenant who assumes all the risks related to the rental (damage/payment of rent).

If the sublease is not announced to the lessor, the lessee is exposed to the risk, and consequently his sub-lessee also, of an early termination of the main lease contract, and this subject to 30 days’ notice for the end of a month (art. 257f par.3 CO).

However, the lessor who fortuitously learns of the existence of a sublease must first express his refusal in writing by summoning the tenant to comply with the legal requirements. If the rent increase is excessive, the extraordinary termination by the lessor will be authorized without having to provide proof of the unbearable nature of maintaining the lease (art. 266g al.1 and 262 al.2 let. c CO).

The increase is excessive if the under-rent exceeds the amount of the effective rent by more than 20%, taking into account the value of the development. An amendment to the rental contract for the separate rental of furniture is illegal.

The tenant must in principle make it plausible that he intends to return personally to the accommodation in the future and that it is therefore not a question of a transfer of tenant carried out in a disguised manner.
The legislator is also required to ensure that the tenant does not take advantage of the subletting to enrich himself and thus contribute to an artificial increase in rents. It is strongly recommended that the sub-tenant ensure, before signing the contract with the tenant, that the lessor has given his consent.

He will protect himself on the one hand from an early termination of the main lease and on the other hand from being the victim of an abuse.

Q : Do I need third-party liability insurance if I’m a subtenant?
A: Yes, such insurance is recommended, even if the tenant is supposed to have it.

Q: The tenant is asking me to pay two months’ rent in cash. Is this fair?
A: The guarantee may be equivalent to a maximum of three months’ rent, but it must never be paid in cash. The guarantee will be blocked in a special bank account.

Q: What are the major disadvantages of subletting for the lessor?
A: If the sublet property is over-occupied, if the tenant is clearly no longer able to pay the rent, or if the subletter is using the property for another purpose (e.g. as a massage parlour).

Q: During the lease, a problem arises concerning a point not mentioned in the sublease agreement. What applies?
A: If a point is not clearly mentioned in the contract, you should refer to the General Conditions and Rental Rules and Practices in force in the canton concerned.

Q: What is the usual notice period for subletting?
A: Generally, the usual notice period is 3 months to the end of the contract, but very often, as a sublease is generally of short duration, a notice period of one month to the end of one month is agreed between the parties and indicated in the sublease contract.

See also the “Frequently asked questions” page