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Old 16.09.2013, 18:18
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Advice Subletting a room (2 to 3 months)

Hi,

I'm thinking of temporarily subletting my spare room to a friend for 2 to 3 months, while they take the time to look for their own place. They need to be out of their current place in Oct.

Do i need to inform my landlord of this? As its only a temporary arrangement, I would prefer not to get into loads of form filling etc

Thanks for any advice
K
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Old 16.09.2013, 18:24
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Re: Advice Subletting a room (2 to 3 months)

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Do i need to inform my landlord of this? As its only a temporary arrangement, I would prefer not to get into loads of form filling etc
It's in your interest, I would say, to inform the landlord. You are perfectly within your right to sublet a room usually but this has to be done with the consent of the landlord / management company as doing it otherwise would be doing so against your contractual terms with the landlord

Besides your friend will presumably register at your apartment in the meantime and receive post to your address. It's a lot simpler to inform the landlord and do everything properly. It's not very complicated, sublet contract can be obtained from mieterverband.ch (let me know if you can't find it) and you just need to send an email / letter with a copy of the subletting contract and it's all done.
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Old 16.09.2013, 19:04
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Re: Advice Subletting a room (2 to 3 months)

I'd tell your friend to register "c/o yourname" as their address and not bother telling the landlord. You could tell them that you've got a friend staying for 3 months in case it affects any of your communal charges (if a neighbour complains) but as you seem to have a 2-bed apartment I don't even think that's necessary.
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Old 16.09.2013, 19:08
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Re: Advice Subletting a room (2 to 3 months)

The law states clearly that you are not legally allowed to sub-let without prior permission. The landlord can break your contract if you do, even in your absence. You would also be liable to pay for all damage caused, and also unpaid rents, if this arises. Plus if you charge the subrentor substantially more than you pay, you are liable for re-paying difference at a later stage.

As per consumer magazine Bon à Savoir Number 1,2013.

Certes, le droit suisse autorise un locataire à sous-louer son appartement, pour une période déterminée, pour autant qu’il en informe le propriétaire et que celui-ci ne subisse pas d’inconvénients majeurs. Mais il est encore une condition à réaliser, a rappelé le Tribunal fédéral dans un arrêt récemment publié*: le propriétaire du bien immobilier doit avoir donné son consentement en connaissance de cause. Si, en revanche, le locataire n’a pas dit toute la vérité sur les conditions réelles de la sous-location et qu’il réalise ainsi un profit illégitime, le bailleur peut non seulement résilier le bail de manière anticipée, mais aussi s’approprier tous les profits indûment réalisés par le locataire.


Oooop edit- I had scanned too quickly and did not realise he was just going to rent a room whilst still living in the flat.
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Old 16.09.2013, 19:10
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Re: Advice Subletting a room (2 to 3 months)

Odile, they just want to let someone stay for a few months in their spare room. Money is changing hands, but the tenant isn't actually moving out during this.
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Old 16.09.2013, 19:57
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Re: Advice Subletting a room (2 to 3 months)

Yes I will still be in the house and liable for rent and everything else.
Thank you all, very much appreciated.
K
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