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Can I sublet my rented flat on Airbnb?

What does Art. 262 CO say?

As a tenant, you may sublet all or part of your flat, but only with your landlord’s consent (Art. 262 para. 1 CO). This also applies to daily rentals through Airbnb, Booking.com or other platforms. Your landlord may refuse consent for only three reasons (Art. 262 para. 2 CO):

  • You refuse to disclose the subletting terms to them.
  • The terms are abusive compared with your main tenancy agreement, for example, a significantly higher price without any services of your own.
  • The subletting causes them substantial disadvantages.

In 2019, the Federal Supreme Court expressly left open whether frequent changes of holiday guests amount to a substantial disadvantage (4A_140/2019). You are responsible for ensuring that your guests do not use the flat differently from what you are allowed to do; your landlord can also require them directly to comply (Art. 262 para. 3 CO).

If you continue to breach your obligations despite a written warning, your landlord can terminate your tenancy on at least 30 days’ notice, effective at the end of a month (Art. 257f para. 3 CO). In a Geneva case in 2019, a tenant had listed her flat on Airbnb without her landlord’s knowledge. After the warning, she quickly took the listing offline. The Federal Supreme Court ruled the termination invalid because the breach did not continue after the warning (4A_140/2019 of 26 September 2019).

There’s also the money: if you sublet without consent and on abusive terms, you may have to hand over the profit to your landlord. The legal basis is management of another’s affairs without authority (Art. 423 CO); the Federal Supreme Court has applied this to subletting (BGE 126 III 69).

What changed in 2024?

Nothing in the law. Parliament wanted to tighten the rules on subletting. Voters rejected this change on 24 November 2024. Art. 262 CO therefore remains unchanged.

  1. Check your tenancy agreement and house rules: some agreements already cover subletting.
  2. Write to your landlord and explain your plans: how many nights a year, at what price, on which platforms and with how many guests.
  3. Be clear that you aren’t charging an excessive price. Transparently include your rent, service charges and services such as cleaning and laundry in your calculation.
  4. Get your landlord’s consent in writing, even though the law doesn’t require it. That way, you can prove you have it later.
  5. Tell your home contents and personal liability insurers.

What’s different in the cantons and cities?

  • Geneva: You may rent out an entire flat through platforms for no more than 90 days a year. Any subletting of subsidised housing is prohibited and can lead to immediate termination.
  • Vaud: In districts with a housing shortage, you need a change-of-use permit if you rent out your flat for more than 90 days a year. In 2026, this applies everywhere except the district of Aigle. As a host, you must register with the municipality, even if you’re a tenant.
  • Lucerne: In the city of Lucerne, you must register rooms used for short-term rentals with the city. This does not apply to a flat you live in yourself and occasionally sublet, as long as you don’t make an abusive profit.
  • Zurich: Since 1 September 2026, flats in the city of Zurich that are regularly rented out commercially for less than a year and in which nobody lives no longer count towards the residential-use quota.
  • Basel-Stadt: If you rent out a flat mainly for short stays, you take housing out of residential use and need planning permission. More than 90 days a year is a clear indication.

Your landlord’s consent doesn’t replace your obligations to the municipality and canton. Tourist tax and guest registration rules also apply to sublessors. See tourist tax and guest registration form.

Stovita counts your nights across all channels, so you can keep track of limits such as 90 nights a year, and creates an online guest registration form for every guest.

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Frequently asked questions

Does consent have to be in writing?

The law doesn’t prescribe a form (Art. 262 CO), and the stricter proposal was rejected on 24 November 2024. Still, get consent in writing so you can prove you have it.

Can I make a profit from subletting?

Not without limits. If the terms are abusive compared with your main tenancy agreement, your landlord may refuse consent (Art. 262 para. 2 let. b CO) and claim any profit (Art. 423 CO, BGE 126 III 69). You can include your own contributions, such as furnishings, cleaning and laundry.

Can my landlord terminate my tenancy immediately if I sublet without consent?

Under Art. 257f para. 3 CO, your landlord must first give you a written warning, and the breach must continue afterwards. They can then terminate your tenancy on at least 30 days’ notice, effective at the end of a month.

Does this also apply if I rent out just one room and live there myself?

Yes, even partial subletting requires consent (Art. 262 para. 1 CO). Some cities take a more lenient approach to flats you live in yourself, for example Lucerne when it comes to registration.

Sources

A short summary, not legal advice. The linked official source and your municipality’s rules prevail.

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