Subletting your flat: consent, rent and Airbnb

You may sublet all or part of your flat if the landlord consents (Art. 262 CO). The landlord may only refuse consent in three cases:

• You do not tell the landlord the terms of the sublease.
• The terms are abusive compared with the main lease, above all a sublet rent that is too high.
• The sublease causes the landlord significant disadvantages, for example because too many people move in or guests keep coming and going in the building.

You may only sublet the whole flat if you intend to move back in later. Anyone who hands the flat on permanently with no intention of returning is misusing the right to sublet.

Proportionally, the sublet rent may not be higher than your own rent. For a room, work out its share of the floor area or of the number of rooms, and split the kitchen, bathroom and living room fairly.

A reasonable surcharge is allowed for furniture, linen, internet or cleaning. You may not make a profit. If you charge significantly more than you pay yourself for the sublet part, the landlord may refuse consent.

Letting your flat to guests by the day is also subletting, so you need the landlord's consent. With holiday lets via online platforms, significant disadvantages for the landlord are more likely than with a flatmate who stays longer, for example through noise, wear and tear or disturbance in the building.

Public rules apply on top: some cities limit short-term lets, for example to a certain number of nights per year, and guests often have to pay a tourist tax. The earnings must be declared as taxable income.

1. Ask for consent in writing

   State the subtenant's name, the start date and duration, the rooms to be sublet and the rent.

2. Wait for the answer

   If the landlord refuses consent and none of the three grounds applies, you can turn to the conciliation authority. The procedure is free of charge.

3. Put the sublease in writing

   With rent, service charges, duration, notice period and house rules. Tenancy law applies to the sublease too, including between you and your subtenant.

4. Handle the deposit correctly

   If you ask for a deposit, it belongs in a blocked account in the subtenant's name, like any rental deposit (Art. 257e CO).

5. Record the handover

   Note the condition and the inventory when the subtenant moves in, with photos.

As far as the landlord is concerned, you remain the tenant. You owe the full rent and are liable for ensuring that your subtenant does not use the flat in any way you yourself are not allowed to (Art. 262 para. 3 CO). The landlord can claim from you for any damage your subtenant causes.

A sublease can last no longer than your own lease. When your tenancy ends, the subtenant has to move out too (Art. 273b CO). So set a notice period in the sublease that matches your own.