Swiss tenancy law 2026: Your rights maintained for long-term subletting

You may have recently heard alarming rumours regarding a tightening of subletting rules in Switzerland. Many tenants and landlords have legitimate questions: is it still possible to sublet a room long-term in 2026? Are there complex new legal restrictions to deal with? At Roomlala, we are committed to supporting you with reliable and reassuring information. The good news is that the alleged legal revolution did not happen. We will break down the current situation together to allow you to continue your homestay plans with complete peace of mind.

The rejection of the 2024 revision: A victory for subletting in Switzerland

To fully understand the legal landscape of 2026, we need to take a step back. In 2024, a proposed revision of the Code of Obligations (CO) made a lot of headlines. This text aimed to drastically restrict subletting, notably by imposing a strict maximum duration of two years and the obligation to obtain mandatory written consent from the landlord. These measures would have significantly complicated life for students, expatriates, and tenants wishing to share their homes long-term.

However, the Swiss people decided decisively. During the federal vote on 24 November 2024, citizens definitively rejected this change to tenancy law with a 51.58% 'no' vote. This result, warmly welcomed by the ASLOCA (Swiss Tenants' Association), marked a clear stop to attempts to limit tenants' rights. The flexibility of the Swiss property market, which is essential in the context of housing shortages, has thus been preserved.

Today, in 2026, none of these new restrictions are in force. Long-term subletting remains fully legal and accessible, with no arbitrary time limits. For the Roomlala community, this means you can continue to offer a spare room or look for a homestay for several years if you wish, without fearing that you are breaking the law because of the duration of your agreement.

We want to reassure you: this legal stability is excellent news. It maintains a healthy balance between the rights of tenants to optimise their living space and the rights of landlords to keep an eye on their property. However, the lack of a tightening of rules does not mean there are no rules at all. It is crucial to respect the existing legal framework so that your subletting experience is a complete success.

Article 262 of the Code of Obligations: The golden rules still in force in 2026

Since the revision was rejected, it is the historic and solid Article 262 of the Swiss Code of Obligations that continues to govern subletting in 2026. This legal text is clear, balanced, and aims to protect all stakeholders. At Roomlala, we strongly encourage you to master its subtleties to avoid any disputes. Here are the two fundamental pillars of this article that you must strictly respect.

The landlord's consent: A vital step

The number one rule, which has not changed one bit, is the obligation to obtain prior consent from your landlord (or your property management agency, often called 'régie' in French-speaking Switzerland) before subletting all or part of your accommodation. This consent is the cornerstone of a legal and peaceful subletting arrangement. Ignoring this step exposes you to the risk of having your own lease terminated early.

Although the 2026 law does not formally require this agreement to be in writing (contrary to what the aborted revision intended), we recommend that you request a written record. A simple confirmation email or a signed letter from your agency will protect you in the event of a change of ownership or a future dispute. Transparency is always the best strategy.

If you fail to request this authorisation, the consequences can be serious. Swiss case law is strict: unauthorised subletting, especially if it involves making a profit, justifies the termination of the main lease. It is therefore imperative to start the process as soon as you find the ideal subtenant on our platform.

Practical example: Take the case of Marc, who rents a large apartment in Geneva. With his children having left the family nest, he decides to sublet two rooms on Roomlala to international students. Before even confirming the bookings, Marc sends a complete file to his agency, detailing the conditions of the subletting. The agency grants its written consent within a few days, allowing Marc to generate extra income quite legally and without any stress.

The strict prohibition of abusive profit

The second pillar of Article 262 CO is the formal prohibition of making an excessive profit at the expense of your subtenant. Subletting is not a business model for getting rich, but a solution for sharing costs. The rent you ask of your subtenant must be proportional to what you pay the main landlord yourself.

How do you calculate a legal sub-rent? You must divide your main rent based on the surface area or the number of rooms being sublet. If you rent the room furnished (which is the standard on Roomlala), Swiss law tolerates a surcharge for the depreciation of furniture, the use of Wi-Fi, and utilities (water, electricity). This surcharge is generally between 10% and 20% of the proportional rent, depending on the quality of the furnishings.

If you set an abusive rent, not only can the landlord refuse the subletting, but they can also demand the repayment of any profits made. Furthermore, the subtenant has the right to contest this rent before the conciliation authority (for example, with the support of ASLOCA) if they feel they have been wronged.

Practical example: Sophie rents a 4-room apartment in Lausanne for 2000 CHF per month including utilities. She decides to sublet a furnished room that accounts for about a quarter of the total surface area. The base rent for the room would be 500 CHF. By adding a 15% surcharge for the furniture, internet access, and electricity, Sophie lists her room on Roomlala at 575 CHF per month. This calculation is fair, transparent, and perfectly in line with 2026 Swiss law.

The landlord's legal grounds for refusal: What you need to know

It is important to emphasise that if you follow the rules, your landlord cannot arbitrarily oppose your subletting plan. Swiss law protects the tenant by strictly limiting the landlord's grounds for refusal to three specific situations. At Roomlala, we help you anticipate these possibilities to ensure the success of your project.

The first ground for refusal is the tenant's refusal to communicate the conditions of the subletting. If you hide the identity of your subtenant, the planned duration, or, above all, the amount of the sub-rent, the landlord has the right to say no. This is why preparing a transparent file is absolutely vital.

The second reason, as we saw earlier, is abusive profit. If the landlord notices that you are trying to earn money unreasonably through the sublet, they will block the procedure. They have the right to verify your calculations to ensure the fairness of the transaction.

The third reason concerns major disadvantages for the landlord. This includes very specific situations, for example, if the sublet leads to obvious overcrowding of the apartment (too many people for the size of the accommodation), or if the subtenant plans to engage in noisy or commercial activity in a strictly residential building.

Practical example: Thomas, a tenant in Fribourg, wants to sublet a room to a music student who needs to practise for several hours a day on an acoustic drum kit. The landlord refuses the sublet citing major disadvantages (noise nuisance for the neighbours). This refusal is legal. Conversely, if Thomas had chosen a subtenant with a standard profile via Roomlala, the landlord would have had no valid grounds to oppose it.

How to succeed with long-term subletting with Roomlala in Switzerland?

Now that you are reassured about your rights being maintained in 2026, it is time to take action. Hosting someone or finding a homestay is a wonderful human adventure, provided you are well-organised. We have compiled the best practices for you to ensure your experience on Roomlala is smooth, secure, and 100% legal.

Preparing a solid file for your agency

Proactivity is your best ally. Do not wait for your agency to find out by chance that someone else is living in your home. As soon as you have found an agreement in principle with a member of the Roomlala community, put together a request for authorisation to sublet. This professionalism will instantly reassure your landlord.

Your file must contain the following elements:

• The full contact details of your future subtenant (surname, first name, date of birth).
• A copy of their ID and, if they are a foreigner, their residence permit (B, C, or L permit).
• The planned duration of the sublet (start and end dates, or a mention of an indefinite duration).
• The exact amount of the sub-rent and the breakdown of the included utilities.

By providing all this information up front, you cut short any requests for further information that could slow down the process. Remember that the agency has a reasonable response time (usually two to four weeks), so you need to plan ahead.

Practical example: Julien, a tenant in the canton of Vaud, found an intern via Roomlala for a 6-month period. He immediately sends an email to his agency with the draft sublease agreement generated using information from the platform. Faced with such a complete and transparent file, the agency gives him their agreement by return mail in less than a week.

Drafting a clear sublease agreement and managing the deposit

Once you have the landlord's agreement, it is essential to formalise your relationship with your subtenant with a written contract. Although a verbal contract is valid in Switzerland, it is a source of endless conflict in the event of a problem. The sublease agreement must incorporate the main conditions of your own lease (quiet hours, use of common areas, laundry room rules, etc.).

A crucial point in Switzerland concerns the rent deposit (the security deposit). Swiss law is very strict on this subject: you cannot simply take the deposit money into your personal bank account. The money must be deposited into a blocked bank account in the name of the subtenant (rent deposit account), or guaranteed by a deposit insurance company (such as SwissCaution or Firstcaution).

The amount of this deposit cannot exceed three months' net rent. At the end of the sublet, if no damage is found during the inventory check upon departure (another essential step!), you will need to sign a form to release this money in favour of the subtenant.

Practical example: Elena, who sublets a room in Neuchâtel, asks for a deposit equivalent to one month's rent. She accompanies her subtenant to the bank to open a rent deposit account in their name. Thus, Elena is protected in case of damage, and the subtenant is reassured to know that their money is safe in a blocked account, in accordance with Swiss law.

Conclusion: Peace of mind at the heart of your housing project

In summary, the 2026 revision only confirmed the Swiss people's commitment to a certain degree of freedom in the housing sector. Long-term subletting still has a bright future ahead, and tenants' rights are firmly maintained thanks to the rejection of the 2024 vote. At Roomlala, we are proud to offer you a secure platform to facilitate these connections. By respecting the obligation to obtain consent, applying a fair rent, and being transparent, you have all the cards in your hand to enjoy an exceptional shared-housing experience. Don't hesitate any longer, publish your listing or search for your future room today, with complete legality and peace of mind!