Tightening of tenancy law – subletting more difficult, personal use simplified – News

  • In the future, subletting should only be possible if the landlord has given their explicit written consent.
  • The previous “temporary absence” in subletting should be limited to a two-year period.
  • The National Council approves tightening against the will of the Federal Council and provides landlords with an extraordinary right of termination in the event of abuse.

The National Council wants stricter rules against abuse when subletting premises. He approved a bill that stipulates, among other things, that the landlord must explicitly agree to the subletting in writing.

Landlords should also be given more tools to prevent subletting if necessary. In addition, an extraordinary right of termination is planned if the tenant does not comply with the rules for subletting.

Parmelin warns of additional work

Against the will of the Federal Council and a strong minority of the Commission, the National Council supported the bill by a vote of 110 to 82. Economics Minister Guy Parmelin emphasized in vain that more extensive rules are not justified in the case of subletting and only mean additional work for both landlords and tenants. Landlords would already have to obtain the consent of the landlord, and they could refuse with the applicable law.

The new regulations are disproportionate.

Opponents saw the bill as an attack on tenancy law using “salami tactics” and a “blockade action”. Last but not least, the use of booking platforms such as Airbnb is made more difficult. Instead of dismantling formal requirements as intended, exactly the opposite is now happening in tenancy law, criticized Michael Töngi (Greens / LU), Vice President of the Swiss Tenants’ Association.

Commoners put the pressure on

The bourgeois side vehemently contradicted this. About Pirmin Schwander (SVP/SZ). There is a weak point in sub-letting in particular, which can now be remedied without a major revision of tenancy law. The limitation of the previous “temporary absence” to a clear two-year period even has a “socio-political aspect” if larger apartments are released for families.

Legend:

Declaration of war on the subtenant. Without the written consent of the landlord, it becomes abusive and can lead to termination.

Keystone/Urs Flüeler

Philipp Matthias Bregy (middle/VS) from the homeowners’ association committee emphasized that subletting is almost always possible and will remain so. But the landlord must be able to check the sublease. The current adjustments are not witchcraft: “This is only to prevent subletting without consent.” The fact that tenants should now also be liable for subleases increases legal certainty.

You have to be able to cancel if you abuse it. The template strengthens subletting and protects owners.

Now the Council of States has to deal with the new rules on subletting. The bill originally came from the Legal Commission of the National Council. As early as 2017, the large chamber had identified a need for action because of rental platforms such as Airbnb. In cities, too, apartments in old buildings are often sublet at rents that are massively higher than the rents. The processing period for the submission was then extended three times.

Termination for personal use should be easier

The National Council has also spoken out in favor of homeowners being able to more easily terminate the contract with tenants if they need it for themselves or their family members. The Ratslefte fought in vain against an accelerated procedure when changing landlords.

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