Tenant law: I wish to sublet my apartment. How can I do this?

You are a tenant of a property and wish to rent it to someone else. We explain how to do so.

Subletting is in principle legal in Switzerland! However, there are a few steps to follow to set it up.

Step 1: The agreement of the main landlord

Always ask your landlord’s agreement if you wish to sublet your rental! He can refuse to ask for it and terminate your lease if his decision is not respected. So don’t do this on the sly!

The best way to make this request to your landlord is to send him a well formulated letter. A specialist lawyer from Lawrence can draw it up for you!

Once your landlord’s agreement has been obtained, the sublease agreement should be drawn up. 

 

Step 2: The Sublease Agreement

A clear written contract is the most encouraged form, especially in the event of a dispute. The document should include a description of the apartment, as well as an indication of the rent. 

The rent must be accompanied by details of charges, related services, any deposit, and a payment term. 

The rent must be a maximum of 10% higher than that paid by the main tenant, 20% if the property is furnished.

The duration of the contract can be freely defined. Be careful however with the “main” lease contract! The sub-tenant should not have to leave the apartment when he was not informed about it. 

 

Step 3: The inventory of fixtures 

It is essential to make an inventory of fixtures at the beginning and end of the sublease. If there is any damage, it may cause inconvenience to the main lessor. Therefore, plan measures in case of damage to the property!

 

Do you want to sublet your apartment? Lawrence will take care of it. 

Download a sample sublease agreement or let us draw it up for you!

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