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Old 13.12.2020, 01:35
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AIRBNB & Verwaltung

Hi,

due to economic issues COVID19 related, I rented out my place on AirBNB quite few times in the past months.
Recently, one of my nosy neighbour complained to me that he was tired to see so many new faces entering the building and he said he will complain to the
Verwaltung.

Now, I did not know that I had to inform the Verwaltung about this. I swear, but it is too late. The first thing I did was to remove my announcement and my account from AirBNB.

Then I read now that I shouldn't have rented more than my current rent. I pay 1585 which makes 52.8 CHF per month, while the account computed by AirBNB was in average 57, some times going down to 49 and sometimes going to 60.

What can happen now?

I guess I will receive a message to stop, but I have already done it. Can they contact AirBNB and know the correct prince and therefore also ask me to pay the money?

The fact that the apartment is furnished should now allow to ask higher rent?
E.g. from 52.8 to 57 because of this?

Can this issue also go on the criminal record?
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Old 13.12.2020, 11:46
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Re: AIRBNB & Verwaltung

It is not a criminal offense, only a civil one, i.e. breach of contract.

What they can do is entirely up to the contract, normally the rule is that you must not sublet without agreement from the leaser. Typical rules are here (this is a standard that is often referred to by rental contracts):

http://ruru-immobilien.ch/files/114/...ungen-1996.pdf

Section 9 on Sub-letting.

Section 20 says they must given you a written warning for breaches, and you have the chance to fix the problem before you get kicked out.

So assuming your contract is similar, apologise, tell them you won't do it again (and follow that), and you should be OK.
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Old 13.12.2020, 16:36
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Re: AIRBNB & Verwaltung

https://www.beobachter.ch/wohnen/mie...mehr-so-luftig


An article albeit in german (use DeepL to translate) from swiss consumer magazine Beobachter

and another one below from HAUSINFO, conglomerate of Gebäudeversicherung CH and Hauseigentümerverband

https://hausinfo.ch/de/recht/wohnen-...te-airbnb.html

BASICALLY, it is allowed to sublet via Air BNB, but you have ot consider a few things too
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Old 13.12.2020, 16:57
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Re: AIRBNB & Verwaltung

Interesting line from the second article:

"In principle, the tenant would have to ask the landlord every time someone wants to book his apartment or room."

So the landlord could effectively block short term stuff by taking a couple of weeks to give permission each time.

A landlord doesn't have any incentive to allow this and potential risk in damage etc; if they were OK with that risk, they could AirBnB the property themselves and take all the profit.
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Old 13.12.2020, 21:49
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Re: AIRBNB & Verwaltung

I don't know if it ever happened but there was talk in some cantons of licensing for AirBnBs.


That you think to AirBnB your apartment without even googling if permission is required only makes you one of two things in my eyes.
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Old 13.12.2020, 22:00
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Re: AIRBNB & Verwaltung

Comparis disagrees wtih Beobachter it seems- and mentions a case in Zurich that was taken to Court.

''Airbnb – the private accommodation booking platform – is now present in more than 190 countries. It is conquering Switzerland too. According to a survey by the Institute for Tourism at the University of Applied Sciences Western Switzerland, the number of properties on offer doubled over the past two years to 24,000 in January 2017. But the boom also throws up legal questions about subletting via such websites.

A Zurich citizen hit the headlines by advertising his rented apartment on Airbnb at an excessive price, without notifying his landlord. The case ended up in court, with the result that the tenant had to cede his rental income to the landlord and is no longer permitted to advertise his apartment in future on Airbnb or any other platform.

This case shows that tenants need to do some groundwork and clarify their situation before becoming landlords themselves. Advertising a rental apartment on Airbnb or a similar platform – such as Wimdu, 9flats or Housetrip – constitutes subletting and is only permitted on certain conditions. For example, the landlord must approve the subtenancy in advance. Otherwise, the tenant's contract could be terminated.''

https://en.comparis.ch/immobilien/re...rmieten-airbnb

BTW did you collect Tourist Tax from your Airbnb clients and pay it to the Gemeinde, with all the details legally required?

Last edited by JackieH; 13.12.2020 at 23:12.
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