Vote on subletting in Switzerland: What you should know

Subletting vote – narrowly rejected!

On Sunday, Swiss citizens voted on the amendment to the Swiss Code of Obligations on subletting and rejected the bill by a narrow majority (51.6%).

On November 24, 2024, Swiss voters will vote on a significant amendment to the Swiss Code of Obligations. The topic: stricter regulations for subletting. What does this mean for landlords and tenants? The most important points at a glance.

The planned changes at a glance

If the bill is adopted, the following changes will come into force:

1. Written permission from the landlord
   In future, subletting will only be possible with the written consent of the landlord. Tenants must submit a written application containing either a valid electronic or handwritten signature. Without this permission, subletting is prohibited.
2. Obligation to inform about changes
   Changes to the sublease, such as an increase in the sublease rent, must be reported to the landlord. This creates more transparency in the tenancy.
3. Reasons for refusing a sublet
   Landlords are given more leeway to refuse a sublet, especially in the following cases:
   • Subletting period: The sublet should last longer than two years.
   • Other reasons for refusal: Reasons that are not explicitly mentioned in the law can also justify a rejection.

Advantages for landlords

For landlords, a change in the law brings more control and transparency to the management of their properties. The option to refuse a sublet if it lasts longer than two years or if there are other reasons – including those not explicitly stated – strengthens their freedom of choice. This can help to avoid potential abuse or problematic constellations in the tenancy. At the same time, landlords could use the new rules to ensure that the use of their property meets their expectations. Nevertheless, there is a risk that stricter rules could lead to increased conflict between tenants and landlords, especially if reasons for refusal are interpreted subjectively. Good dialog and clear communication between both parties will become even more important in the future to prevent disputes.

What does this mean for tenants?

The planned changes could significantly restrict the flexibility of tenants. Students who go abroad for a semester or professionals who temporarily take up a new job are particularly affected. In addition to the obligation to obtain written permission from the landlord, changes such as a higher subletting rent must also be reported. These additional hurdles could make subletting as a flexible housing solution considerably more difficult.

Opportunities and risks of reconciliation

Supporters argue that the new regulations strengthen the rights of landlords and prevent abuse. Critics, however, see potential disadvantages, such as the restriction of flexibility for tenants, which could be particularly problematic in a city with a tight housing market like Zurich .

Pro arguments:

• Strengthening landlord rights
• Prevention of abuse

Contra arguments:

• Restriction of flexibility for tenants
• Potential conflicts due to subjective interpretation of grounds for refusal

This could have a noticeable impact, especially in a tight housing market.

Conclusion: Voting on subletting in Switzerland – your decision counts

Whether you are a landlord or a tenant, this vote could change the way subletting is handled throughout Switzerland. Check the details of the bill and weigh up the impact on your personal housing situation.

Data are without guarantee. The information on these Internet pages has been carefully researched. Nevertheless, no liability can be assumed for the accuracy of the information provided.