I'd first like to thank the numerous threads on here that have really helped us getting a flat in Zurich in the least painful process possible.
My Swiss husband and I will be moving in to our new studio in July, and I will be registering with immigration then.
Onto my query: The rental contract is under my husband's name only, and lists 1 person in the contract. We've already obtained written approval that both of us can reside there. We had asked the agency to add myself to the contract but they refused.
Instead the agency has asked us to provide a sublease agreement between my husband and myself; is this really necessary considering that we're legally married?
Do I need to be concerned that they wouldn't add me to the contract, or anything else?
What was the background to you asking them to be added to the rental contract?
Sounds like someone somewhere is being a pedant. Since they already gave you the go ahead to live there, you could also politely inform them that you will not be drawing up a sub-lease contract due to being married and seeing this as superfluous.
I think you should be pragmatic about this and speak to them directly. If it really means a lot to them, getting a sub-lease contract done will take you 10 mins with an official template from Mieterverband or equivalent in the French region.
No. The fact itself is all that's needed, you don't need a new rental contract either. Due to your marriage and moving in with him you are by law party to the contract. You're expected to inform the owner/agency, that's all.
The reason/consequence:
All relevant (for lack of a better word) correspondence by the agency must be sent in separate letters to each spouse. Conversely all relevant corresponcence by you must be signed by both of you. Failing that, said corresponcence is void. "Relevant" meaning giving notice (code of obligations ยง266n ); my personal interpretation is that this applies to all other changes to the contract, too, as well as admonitions by the agency, or complaints or similar by you, but that's just my opinion.
It's a good idea to join the ASLOCA, the renter's association in your part of Switzerland (every renter should). Among other things they provide legal guidance with a bit (cough) more reliability than what you read on an anonymous internet forum.
I'd like to urge you to fix this. Don't just do nothing. The best solution is to get the contract in both names. This is, after all, to the advantage of the landlord, too, since then both of you are contractually bound, and can each be held responsible for the rent.
I agree with Urs Max: go to ASLOCA without delay! Ask them to explain the consequences of the contract, if, later, only one of you and your husband wished to leave the flat, or what your contractual position would be, to the landlord, if your husband were to die before you. This is not just dark thinking, it is being sensible about the contract, and keeping safe.
My wife was never on the rental contract, but is on the deed since we eventually bought the place.
Meanwhile, I did sublet a room in another building to her (which I paid for for a few years until she got some inheritance, and for which I billed her mother's estate).
In case of a married couple living in the same flat there is no need for both to be named on the contract.
If the landlord wants to cancel they must send a registered letter, with the official approved form to each of the spouses separately.
If the couple wants to cancel or ask for rent reduction they must both sign the cancellation or change request.
A rental increase can be sent to the named party only.
But both spouses can individualy and separate from each other contest the rent increase.
If the named tenant on the contract dies the contract is not ended but will be part of the estate, unless some one was named in the will the new contractual partners would be the community of heirs.
Now comes the messy part, divorce. In such a case it could be better if both spouses have signed the contract as after divorce the one who signed the contract can cancel it without approval of the ex-spouse. In case both signed the rental contract no party can cancel alone w/o the consent/signature of the other.
PS: The "dark side" a.k.a real estate owners association, recommends that both spouses should sign the rental contract. But you cant not force a landlord to do so. And as there is already an existing contract this one would have to be canceled first and the terms of the new contract are open for negation.
The landlord knows the tenant is married and will live in the flat with his wife.
That is enough.
It doesn't matter you are not on the contract really. As you have not registered yet, they can't put you on it yet anyway.
Being married you have to take responsibility for each other anyway. So if he runs off, you'll have to pay the rent
The agency doesn't seem to know it's job. However a sublease would be between the tenant of the flat and the subleaser - nothing to do with the landlord (except that is has to agree to subleasing in general). Between married people it is ridiculous idea.
You've done what you had to. Move in, live happily. Next flat you rent they will probably want you both to sign as you are applying as a married couple.
Thank you for your responses; it seems that perhaps the agency hasn't understood that we're married as the most recent email he sent today says "girlfriend" even though we've mentioned multiple times in writing and in person that I'm his wife. We'll send a very clear letter with the sole purpose of saying I'm his wife and hopefully this would clear up.
The fact that married couples each have their own separate rights regardless of whether they are on the contract does ease my mind; I was worried that there would be some risk to us (or specifically me). We've been stung by agencies before because we didn't know enough and trusted them too much. This agency seems to be very small as we talk directly with the owner so more diligence seemed necessary.