Subletting Agreement Switzerland
Legally, landlords must consent before tenants can sublet their apartment. « In practice, it is not uncommon for people to enter into a relatively informal subletting contract without asking whether they need the owner`s consent, » explains Hans B-ttig, a lawyer and expert in rental law from Bern. Tenants who follow due process must obtain prior authorization to sublet a dwelling. A provision of Swiss rental rights gives tenants the right to sublet, so that in general no landlord could prohibit subletting. The owner of the property cannot immediately remove it from his tenant. Unless no individual sublease contract is verified and accepted by your landlord, subletting your home is illegal (in whole or in part). In addition, you must follow the instructions regarding notice periods (2 weeks for a furnished room). The most important thing is that you can`t make a profit, other than the maximum 20% extra for a home you`ve furnished yourself. If you want to use home sharing services such as Airbnb to sublet your rental home, be sure to follow these rules 100%.
Any violation of the subletting policy is illegal and may be reason enough to be evacuated at an early stage. Make sure you understand that the bad behaviour of subtenants compromises your rental agreement with your landlord. The landlord has the right to contact subtenants directly with claims or communications, but you are ultimately responsible for the overall behaviour of your subtenants. Don`t be afraid to terminate a sublease contract if a subtenant does not pay the rent on time or complies with community guidelines (be sure to follow legal guidelines on notice periods). Parts 1. Parties to the lease If the lessor or tenant is under the age of 18, a person over the age of 18 (an agent) must be responsible for the contract. In this case, the power (delegated authority) grants subtenants many of the same rights enjoyed by tenants, including the right to three months` notice. If you only rent one furnished room, 2 weeks` notice is required. If your subtenant decides to terminate the sublease contract, he is required to formally notify him by mail, in accordance with a regular tenancy agreement. The tenant must ask the landlord for permission to sublet his premises. If it is a family home, the two partners must apply together.
Under the framework agreement in French-speaking Switzerland, the owner must decide within 30 days whether to sublet an apartment. Before you even bother to look for a tenant, you should establish a sublease agreement. This can be written by hand or printed. Ideally, the terms of the contract should be in line with your original lease.