Federal vote and subletting in Switzerland: A complete overview of tenancy law

At Roomlala, we know how stressful the topic of housing can be, particularly in Switzerland where the property market is especially tight. If you are considering subletting a room in your apartment, you have likely heard about reform projects and referendums aimed at tightening the rules. Faced with the numerous rumours and sometimes contradictory information circulating, it is perfectly normal to feel lost. Rest assured, we are here to shed some light on the current situation. In this year 2026, it is essential to look back at recent events to understand exactly what you are allowed to do as a tenant or host.

Confusion often stems from a misunderstanding of the Swiss political calendar. Many believed that a federal vote on Swiss subletting would disrupt the 2026 Swiss tenancy law, with drastic restrictions almost banning the practice. However, the reality is very different and above all much more reassuring for tenants. The famous federal vote on the amendment of tenancy law concerning subletting actually took place on 24 November 2024. The Swiss people have spoken definitively on this burning topic.

See also: Subletting in Switzerland in 2026: Rules, Rights and Best Practices, Strict regulations on tourist rentals in Quebec (Autumn 2026): Why hosts are focusing on long-term stays and 2026 Mobility lease: The strategic refuge for hosts facing new laws

In this detailed article, we will decode for you the real stakes of this historic vote, explain in detail the Swiss room subletting law currently in force, and give you all our practical advice for organising your Swiss shared housing in complete peace of mind. Whether you are a student looking to sublet your room during a university exchange, or a tenant wishing to share the costs of their large apartment, you will know everything about your rights and your obligations.

Look back at the federal vote: Subletting in Switzerland preserved

To fully understand the current legal framework, we must take a short step back and analyse the results of the popular vote of 24 November 2024. At the time, the Swiss Parliament had drafted a project to modify the Code of Obligations. The stated objective of the supporters of this text was to fight against abuses, particularly in large cities where some tenants were subletting entire apartments at exorbitant prices on short-term rental platforms. However, this bill included very strict conditions that would have penalised all tenants: the obligation to obtain written consent from the landlord for each sublet, and above all, a limitation of the subletting duration to two years maximum.

At Roomlala, we followed this campaign with great attention, because such a restriction would have jeopardised the very model of homestays and long-term shared housing. Fortunately for tenants, the Swiss citizens have decided. The bill aimed at tightening subletting conditions was definitively rejected by the Swiss people, with a majority of 51.58% 'no'. This vote marked a sharp halt to attempts to restrict housing flexibility in Switzerland.

Concretely, what does this mean for you today in 2026? It means that the rules are absolutely not tightened. The status quo has been maintained. Tenants retain the fundamental right to sublet a room, or even part of their home, over the long term. There is no arbitrary two-year time limit imposed by law, and the excessive bureaucracy that was feared has not come to pass. This is excellent news for residential mobility and for all those who rely on subletting to make ends meet or to find affordable housing.

Nevertheless, this rejection of the new law does not mean that subletting is a lawless zone. On the contrary, it remains strictly regulated by the historical texts. Maintaining the old legislation implies that tenants must always demonstrate transparency and rigour. In the following section, we will see precisely which laws govern your daily life as a tenant-sub-lessor.

Swiss tenancy law 2026: What does the law say about subletting a room?

Article 262 of the Code of Obligations (CO) as a central pillar

Since the 2024 vote rejected the proposed changes, the unshakable Article 262 of the Code of Obligations (CO) still governs subletting in Switzerland. This article is the central pillar of tenancy law on the matter. It sets out a very simple golden rule: the tenant may sublet all or part of the premises with the consent of the landlord. This consent is essential. Under no circumstances can you host a sub-tenant officially and regularly without having informed the management or the owner of your accommodation.

The request for consent should ideally be made in writing for evidence purposes, even if the law does not formally require a notarised document. At Roomlala, we always advise you to send a registered letter to your landlord. In this letter, you must clearly indicate your intention to sublet a room, the identity of the future sub-tenant, as well as the financial conditions of this subletting. Transparency is the key to a healthy relationship with your host.

Let's take a concrete example. You are a tenant of a 4-room apartment in Geneva and you wish to sublet a room to a student. You must send a letter to your management specifying: 'I wish to sublet a 15m2 room to Mr X, a student, from 1 September, for a monthly rent of 600 CHF, charges included. You will find the draft subletting agreement attached.' By doing so, you are scrupulously respecting Article 262 of the CO.

The fundamental principle: no profit from subletting

One of the most crucial aspects of the Swiss room subletting law, and it is a point on which Roomlala insists heavily, is the strict prohibition of making a financial profit on the back of the sub-tenant. Subletting was designed by the Swiss legislature as a way to share the costs of housing, to help out, or not to lose an apartment during a temporary absence, but in no case as a lucrative business.

The rent you ask of your sub-tenant must be proportional to the surface area they occupy and the advantages they benefit from (access to the kitchen, living room, internet, electricity, etc.). If you rent an empty apartment and you sublet a furnished room, you have the right to add a small surcharge for wear and tear of the furniture (generally tolerated around 10 to 20% maximum of the rental value of the room), but this must remain reasonable and justifiable.

Here is a use case to understand well. You pay a total rent of 2000 CHF for a 100m2 apartment. You sublet a 20m2 room, and the sub-tenant has access to common areas (approximately 30m2 more shared between two). A fair and legal rent would be around 600 to 700 CHF (including a fair share of charges like water, heating, and Wi-Fi). If you try to sublet this same room for 1200 CHF, you are acting illegally and your landlord will have the right to intervene.

The 3 legal conditions where the landlord can refuse the subletting

Refusal to communicate subletting conditions

As we have seen, the tenant has the right to sublet, but the landlord has a right of inspection. The law provides for three very specific cases, and only these three cases, in which the owner (or the management) can legitimately refuse to give their consent. The first ground for refusal is the tenant's refusal to communicate the conditions of the subletting. It is a matter of common sense: the landlord must know who is living in their property and under what conditions.

If you send a letter to your landlord simply saying 'I am going to sublet a room' without providing the name of the person, the amount of the rent, or the planned duration, the landlord is perfectly entitled to respond in the negative. They need to have access to the subletting agreement or, failing that, a document detailing the entire agreement made between you and the sub-tenant.

To avoid this refusal, Roomlala recommends that you prepare a complete file. Even before contacting your management, finalise a draft subletting agreement with your future flatmate. Provide a copy of this draft to your landlord. Be cooperative. If the management asks you for details on the calculation of charges, answer them clearly and in detail.

Abusive conditions and the question of rent

The second legal ground for refusal concerns abusive subletting conditions. As mentioned previously, Swiss law prohibits getting rich via subletting. If the landlord discovers that the rent requested from the sub-tenant is disproportionate to the main rent, they have an obligation to refuse the subletting to protect the sub-tenant against abuse.

It is often on this point that disputes break out. Management companies are very attentive to listings published on the internet. If they discover that you are renting a room at a price that covers almost the entirety of your own rent, they will intervene immediately. The refusal will be categorical and justified by law. Worse still, if you have already started to sublet under abusive conditions without the landlord's agreement, you risk the outright termination of your own lease.

A concrete example of abuse: You rent a 30m2 studio for 1000 CHF per month. You decide to move back in with your parents to save money and you sublet the entire studio for 1500 CHF per month on the pretext that you left a television and a sofa there. This is a manifest abusive profit of 500 CHF per month. The owner will refuse this subletting and will formally notify you to cease this practice.

Major disadvantages for the landlord

The third and final ground for refusal is the emergence of major disadvantages for the landlord. This notion is a little more subjective and is assessed on a case-by-case basis, but it aims to protect the peace of the building and the integrity of the property. A major disadvantage can be linked to the nature of the subletting or the behaviour of the sub-tenant.

For example, if you rent an apartment strictly for residential use and you sublet a room to someone who intends to set up a massage practice there receiving the public all day, this constitutes a major disadvantage (change of use, disturbances for neighbours). The landlord will refuse. Similarly, overcrowding is a valid ground. If you live in a 20m2 studio and wish to sublet part of it to a couple with a child, the landlord will invoke excessive wear and tear of the property and hygiene or noise problems to refuse.

At Roomlala, we always encourage common sense. Choose a sub-tenant whose lifestyle corresponds to the environment of your building. If you live in a very quiet building inhabited by elderly people, avoid subletting your room to a group of musicians who practise in the evening. By anticipating these disadvantages, you guarantee the agreement of your landlord.

Shared housing and Swiss legislation: How to organise yourself in practice?

Now that you are reassured about the preservation of your rights since the famous federal vote and you have mastered the subtleties of Article 262 of the CO, it is time to put it into practice. Organising shared housing under Swiss legislation requires a bit of method, but with the right tools, it is child's play. The first step is to write a proper subletting agreement. This document is essential to protect both parties. It must mention the identity of the main tenant and the sub-tenant, the precise designation of the room rented (surface area, furniture provided), accessible common areas, the amount of rent and charges, as well as termination conditions.

At Roomlala, we make it a point of honour to secure these steps. When you use our platform to find a sub-tenant, you benefit from a structured framework. We recommend that you use subletting agreement templates recognised in Switzerland (those from ASLOCA, the Swiss Tenants' Association, are excellent references). Do not forget to carry out a meticulous inventory check of the room upon the arrival and departure of the sub-tenant, with photos as evidence. This will avoid many quarrels concerning possible damage or the return of the rental deposit.

Speaking of the rental deposit (the security deposit), be aware that you have the right to request one from your sub-tenant. Just as for a main lease, this deposit cannot exceed three months' rent and must compulsorily be deposited in a blocked bank account in the name of the sub-tenant. It is strictly forbidden for the main tenant to keep this money in their personal account. It is a frequent mistake that we observe, and it is vital to correct it to remain strictly within the law.

Finally, do not forget the practical aspects of community living. Establish a shared housing charter. Who does the cleaning? How are shared groceries split? What are the rules for inviting friends? By setting these rules from the start and by scrupulously respecting the Swiss legal framework which was reinforced by the popular vote of 2024, your subletting experience will be a real success, both on a human and financial level.