Are tenants allowed to make a profit from subletting a flat in Switzerland?

As a tenant, you can sublet your apartment to a third party, but only under certain conditions.

The main one is that the landlord is informed and agrees to this arrangement.

(Under no circumstances should you put another tenant in your apartment on the sly, as this will anger the owner, who could then terminate your lease and demand the rent money you made from your sublease.)

Additionally, you must let the owner review and approve the subletting agreement.

If your agreement with the sub-tenant is above the board — that is, if it pretty much matches your own contract — then you should have no problem getting the green light.  

However, according to Moneyland consumer platform, your request will probably not be approved if:

• You refuse to show the owner the subletting agreement.
• The conditions are different from those of your own rental agreement (for instance, if you allow pets when your contract forbids them).
• The sublease would present significant disadvantages for the landlord.

“This rule is somewhat vague, but could, for example, include rejecting a potentially destructive or disruptive subtenant,” Moneyland says. 

You can find out more about the specifics of sub-letting here:

READ ALSO: Can I sublet my rented apartment in Switzerland? 

The ‘no-profit’ principle

The next question is: once you find a (sub) tenant for your flat, can you charge them more than your actual rent and keep the rest yourself?

Though this may seem like a good and harmless way to make a few extra bucks for providing a service to someone who needs it, this practice is not allowed in Switzerland.

Under the Swiss law, you can use the property you rent, but not 'gainfully' – that is, for profit. Only your landlord can do that.

That’s because you don’t own the apartment, and so you can’t generate any income from something that doesn’t belong to you.

But some money is allowed to change hands nevertheless

You are, however, allowed to charge your tenant certain set fees for using your apartment while you are away.

For instance, they should pay a pro-rata share of ancillary costs, such as heating, water, electricity, internet, TV license fee, etc.

Legally, you can also include a surcharge of up to 20 percent for the use of your furnishings, appliances, and other equipment.

So you still can have something 'extra' without breaking the law.