Is it possible to sublease my room during the semester break? How do I proceed?
The sublease is amenable to the Art. 262 of the Code of Obligations.
If I sublease my accommodation I become lessor and the subtenant becomes tenant. For that I have to apply the applicable rules between lessor and tenant. My lessor has no contractual relationship with my subtenant.
Attention: If I sublease my accommodation without the agreement of my lessor I run the risk of an extraordinary termination of my lease contract according to art. 257f s. 3 CO.
Some tips to avoid problems with my lessor:
As main tenant of my accommodation I ask to my lessor a written approval to sublease my room. I inform about the following points:
- Name, first name and address of the subtenant;
- Period of the subleasing (start date and end date);
- agreed rent with the subtenant: I shall not make a profit of an excessive rent. The lessor could consider it as abusive and can reject my demand. In the case I sublease the accommodation with furniture, I can add maximum 20% on the rent. Apartis accepts a supplement of maximum CHF 50.-/month.
- I hand over to my lessor a copy of the subleasing contract signed by the subtenant and myself. I enclose the different applicable rules which the subtenant has to respect, like the general terms of tenancy agreement of the real estate chamber, the house rules, the special conditions etc.
- I have the right to sublease my accommodation only to persons fulfilling the rental conditions of Apartis.
Tip :
- Rent payments: to avoid reminders due of a non-payment I continue to pay my rent and ask the subtenant to reimburse the agreed rent to myself directly.
- Damages: I am aware that I have to pay for damages caused by the subtenant. We recommend to ask to the subtenant to conclude a liability insurance which covers eventual damages.
- Template for a sublease contract: can be downloaded on the web-site of Apartis
