Hello,
is it always the procedure that to rent an apartment, we need to send an application to the landlord who decides between many applications received? cant the apartments be switched between people who know eachother when one is leaving and another moving in? Thank you all for your help



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Hey,

As far as I am aware, the only way you can do as you wish in terms of tenant to tenant switch not involving landlord is if you can find someone who is willing to sub-lease.

I am not entirely in the know of the ins and outs, but one thing in favour of tenants in Switzerland, which is not a lot, is the fact that if you have the lease on an apartment, you can sub-lease it legally to someone else.

For example, I just moved, and because I was breaking contract I had to do all the work, the advertising, finding tenants to takeover, submitting their applications etc etc. However, if I wanted to, I could of just sub-leased it to them myself and found another place to live, effectively having a lease on two properties.

Of course the dangers of this is having the money to front the rent if the new tenant defaults etc.

So, in summary, you being the ones who want to sub-lease from someone, you may well struggle to find an individual who at this moment in time has found a new apartment but wants to keep the lease on his old one, for whatever reason, and will sub-lease it to you.

Good luck

If I understand you correctly, you would like to move into an apartment that someone is giving up as you know them.

This happens a lot and is one of the better ways to secure decent housing in the tight housing markets in a number of CH cities. However, you are more or less at the hands of the owner/agency. If you definitely want the apartment, most people have the outgoing tenant contact the owner/agency and indicate they are planning on giving notice but have someone ready and willing to take over the apartment. This is generally a good deal for the owner as they do not have to advertise or have the apt. vacant for a period of time; but on the other hand, in tight markets, they also may want to hike up the rent, generally the best way to do this is inbetween tenants.

Thus, it will likely end up as a negotiation and yes you would need a new contract with the owner, the old one terminates (unless considering a sublet). You cannot expect to pay the same as the outgoing tentant if the apt is underpriced and the owner wants to raise the rent, but subject to negotiation. In cases where the owner does not accept to do this it is likely they want to up the rent significantly or renovate the place. Best to try and see if the owner is receptive.

Most leases state that the current tenant does not have the right to sublet without the landlord's permission.

Hi, we are currently in a situation where we might have to vacate the apartment before our min 1 year duration, because we are leaving Switzerland. In this case, are we allowed to sublet it even though we are not going to reside in Switzerland anymore ? Please suggest

Look at what is written in your lease, if you you can find someone to take over the flat your landlord will usually let you get out of your contract early.

In Romandie you to ask for authorization (everything in writing including submitting the sub-lease agreement IIRC). But the landlord can not deny it as long as the lease conditions are not abusive or you're not subleasing for something crazy like double the rent.

As for leaving early it is better to get one to take over your lease rather than sublease as under a sublease you are responsible for the property. So you will have to pay if there are damages or the person you sublet to doesn't pay the rent.