I moved to Zurich in August this year and registered as a subtenant until the 1st of December at the municipality. I have a B permit valid for 5 years.
Now I have the possibility to sublet a room again from 1.12.2023 until 1.4.2024. However, the main tenant told me that I "could not register" myself on that address. What does that exactly mean?
I thought that it was perfectly fine to notice the municipality of my temporary move by showing my contract and (new, temporary) address to them, just as I did when I registered my stay in Switzerland in August this summer.
So, is there a difference in registering your address for the first time (e.g., for your permit) and registering your address for the second time (temporary move)?
You have to announce any change of address to the Gemeinde/Commune, legally. So you have a problem. You need to make sure the tenant has the permission of the owner- so you can register as per legal requirement.
Subletting is fine. And tenants are allowed to sublet. And you can register with the authorities with a sublet contract.
However, as others have said, subletting is allowed only if the tenant has properly obtained permission from the landlord, and has declared the terms of the sublet rental contract to the landlord.
The reasons some tenants don't want to inform their landlord is that they know they're trying to do something that isn't quite right. For example, for all kinds of sublets, a tenant is not allowed to make a profit on a sublet (except for a small extra charge if renting furnished). And for those kinds of apartments or rooms that are rented with special restrictions, e.g. for students only, or families only, or persons with a low income only, a subtenant must fulfil those same conditions. A room designated for a student may not be sublet to someone with a full salary.
If the tenant does not obtain this permission and the landlord subsequently finds out, the landlord can immediately terminate the rental contract, which means the subtenant would have to leave, too. This law makes sense, because the landlord has a right to know what's going on in the building. Therefore, no tenant should do this. And also you should not sublet from anyone who wants to do what is not allowed.
That is probably the primary residence of main tenant. Main tenant leaves Switzerland for a while (1.12.2023 -> 1.4.2024) and does not want to register new address. Main tenant theoretically still lives in Switzerland for residence and tax purposes.
This shouldn’t be an issue, as it is a common occurrence. Anyway, if you live long term at a certain place (exceptions apply, such as prison), you must register your residency. Any negative consequences arising from this, is the problem of who ever rents you the place. They also have, depending on canton, the obligation to report anyone living at the place ( Drittmeldepflicht )
If it is a WG and the main person already registered at this address, it is a lot of headache to deregister, has many consequences as well for insurances, may be work, bank etc....as soon as you go to gemeinde and say "i want to register here at this address", they will be inquiring about what the main person is doing and where, consequences again (also calculated time in switzerland for passport, C etc...).
In its current and active version the Code of Obligations provides no sanctions, cancellation is subject to the contractual conditions.
However unless there's a referendum (the timeframe to launch one is still running) the CoO is going to change in the near future and explicitly allow cancellation with 30 days notice in the case you describe after unsuccessful "Mahnung" (notice? demand?) for rectification.
I'm currently subleasing an apartment from a friend (who is out for travelling for a year). He need to get permission from the company, and move his name to her parents' house.
(Though the second part is not necessary)
And I can register in the Kreisburo for this address.
The only difference I have now is for the utility bills (electricity, etc.), it is still under my friend's name. So I pay him instead of ewz directly.