I’m planning to sublet my apartment in Geneva for two months and would appreciate any advice or insights about the process. Specifically, I’m curious about the following:
Are there any legal considerations I should be aware of when subletting in Geneva? For example, do I need formal approval from my landlord? I am pretty they will say no, but it is only for 2 months, and nobody will get to know.
Will my current house insurance remain valid during the sublet period in case of any mishaps? Should I notify my insurance provider?
I plan to ask for a security deposit from the person moving in. Are there standard practices or legal requirements around this?
Any other tips or things to be cautious about when subletting?
Sorry I am trying subletting for the first time, so these maybe some silly questions. But just wanted to be more safe than sorry.
A landlord’s permission is required for a two-month sublet in Geneva. According to Article 262 of the Swiss Code of Obligations, tenants must inform their landlord and obtain consent for subletting. The landlord can only refuse if valid reasons exist, such as unreasonable conditions or lack of transparency about the sublease terms
You must notify the landlord about this. If he finds out that you did without permission (and he will) this is a reason for him to immediately terminate your tenancy as well as the sublet. However, your right to sub-let is protected, the landlord cannot refuse (unless abusive eg you charge a lot more than you pay).
Note that in some cantons (incl GE I think), if you sub-let to a non-Swiss you are legally required to notify the commune about it, usually via an online form (to ensure the person doesn’t forget to do so).
By the way, in order for them to register with the town hall, they will need the sub-let contract they did with you AND the confirmation of autorization for subletting from the landlord (otherwise the commune will contact the landlord asking for it, therefore “the landlord will find out one way or another”).
For the rent deposit the usual applies, it must be in a special bank account for rental deposits, you cannot just collect it as cash.
As blings mentioned, sometimes there’s a legal requirement to inform to municipal authorities. The person subletting may buy something online and have the great idea of adding a name to the mailbox. Nosy neighbors may contact the landlord. So, there’s a chance that the landlord will learn about it, better to talk openly.
And, are you subletting to someone you know well or Mr Anon from the internet? The law protects renters to some degree, and that includes subletting. The risk here is the person(s) profit from this to not pay or leave as agreed. There’s not much to do if there’s no contract and the landlord has not approved before.
If Anon from the internet misbehaves,think for 5 mins about having to tell the landlord and police about the illegal sublet.