Yeah! Me neither! Confused!

Hi!

The owner lives underneath :P I'm joining ASLOCA (it's 20CHF inscription and 70CHF per year) and they have a schedule for free legal consultation. Already have the papers and I'm going on Monday.

I don't want to "fight over proof" or have a bad relationship with the landlady. Actually, we left the apartment the day after she met my bf and she stopped me to talk about some other random thing and she didn't mention anything else about the topic. Anyway I want to know my rights so I know what to do.

On the other hand, a friend of mine told me that the "non subletting permitted" clause in my contract might be against the law and maybe I'm entitled to sublease the place if I do it correctly. Let's see ASLOCA's view.

I'll post once I have some information in case it helps somebody else.

Have a nice weekend

Hi, as promised, I joined ASLOCA and went for legal advice. What the lawyer told me:

- Any family member or friend has the right to stay with me without no official communication to the landlord/regie. Either it's for a visit or long term, as long as they're not paying to you.

- What the landlord can refuse, is to add them to the rental contract (bail), unless you marry or are a registered couple. In that case you can make an unilateral declaration that your husband/wife is added to the bail.

- No one can deny the right of sublease (sous-location) your apartment. (My landlady wrote this in the contract, the lawyer says that this is void according to the law).

- There is no place (either in my contract or in the law) where it's specified that only one person can live here, so this is no reason for her against my boyfriend living here.

She also gave me some additional advice and arguments in case the landlady strikes back

I recommend their services, it's the best 90 CHF I've ever spent!

I am told the cost of toilet paper will increase drastically.

This point remains unanswered!

Hi,

as far as registration is concerned, in my case he's not yet registered anywhere, he can be like that for 3 months. After that, he will register and apply either for work or student permit.

Now About the registration regarding immigration authorities asking for proof of residence, the lawyer told me that she's not specialized in immigration and her advice is in regard to landlords and tenants.

She said that it might be possible that I make a declaration to the authorities saying that he's living with me, which is true and legal, or as second option I could make a sublease agreement with him if it's required. As third option we could register as a couple or get married.

This last point I need to do more research about.

Thanks all for the comments.

I don't understand y our point even if it's you being sarcastic

Of course you can take the third option and register as a couple and/or get married.
I don't see the point of the second option. The first option in any case, the declaration, ought to suffice. If the person moving in is not on the rental contract then that person if obviously moving in as a guest, ordinarily there is no document for that, unless they actually request a letter (declaration) from you (the person on the lease).

In theory if he has arrived in Switzerland as a foreigner, he needs to register within 8-14 days of arrival. However this is only in theory. Since the entry date can't be proven, he can register at a later date, even he had already arrived a while back. Just make sure when you do register him, that you declare that he has literally 'just arrived'! This will avoid you having to pay for health insurance for the time already spent here for example! And the savings can be quite large on that one! I know, because I myself registered over one year after actually having arrived here! However in my case I was not working here, well not officially anyway!

Thanks for the heads up! I'll have it in mind!

Do bear in mind that this poster has a history of advocating dodgy, sometimes outright illegal, practices, just because they got away with it.

So take any advice with a touch or two of scepticism and validate with someone who actually knows what's legal before acting on it.

Edit: for example, suggesting that you lie about someone's entry date to screw the system and avoid paying health insurance. It's not considered "playing the game" round here, more like "screw you, I'm all right Jack".

I may not be in that exact situation myself, but someone close to me is and I am heavily involved in the case. It is not about 'screwing the system' as you put it, in any way, it's about saving thousands of francs per year and avoiding being officially asked to leave the country!

Oh well of course I don't take actions just with information gathered in online forums -that's why I asked for advice at ASLOCA with specialized lawyers- I however think that even if it's not legal, it's useful to know how enforced things are. We are free to choose how to deal with our own situations at the end of the day.

Exactly. Every human being has different needs and a different situation to the next person. Sometimes the laws, rules and regulations are simply too harsh and inhumane to even consider thinking about, let alone trying to follow to the letter.

Are you really this dense? Who do you think has to make up for the thousands of francs you're saving stealing?

Who is stealing what? I don't understand where your comment comes from!