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

At Roomlala, we know how stressful the issue 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 proposed reforms and votes aiming to tighten 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 Swiss federal vote on subletting would shake up Swiss tenancy law in 2026, with drastic restrictions almost banning the practice. However, the reality is quite 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 made a definitive decision on this hot topic.

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In this detailed article, we will decode the real stakes of this historic vote for you, explain in detail the Swiss subletting law currently in force, and give you all our practical advice for organising your shared housing in Switzerland with 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 obligations.

Looking back at the federal vote: Subletting in Switzerland preserved

To fully understand the current legal framework, one must take a step back and analyse the results of the popular vote of 24 November 2024. At the time, the Swiss Parliament had drafted a proposal to amend the Code of Obligations. The goal stated by the supporters of this text was to fight against abuse, particularly in large cities where some tenants were subletting entire apartments at exorbitant prices on short-term rental platforms. However, this draft law provided for 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 decided. The draft law aiming to tighten subletting conditions was definitively rejected by the Swiss people, with a majority of 51.58% against. 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 have absolutely not been tightened. The status quo has been maintained. Tenants retain the fundamental right to sublet a room, or even part of their home, on a long-term basis. There is no arbitrary two-year time limit imposed by the 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 area. On the contrary, it remains strictly governed by historical texts. Maintaining the old legislation implies that tenants must still demonstrate transparency and rigour. In the next section, we will see precisely which laws govern your daily life as a tenant-sublessor.

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, it is still the unshakeable Article 262 of the Code of Obligations (CO) that governs subletting in Switzerland. This article is the central pillar of tenancy law on the matter. It stipulates a very simple golden rule: the tenant may sublet all or part of the property with the consent of the landlord. This consent is essential. Under no circumstances can you host a subtenant officially and regularly without having informed the management agency or the owner of your home.

The request for consent should ideally be made in writing for evidentiary 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 subtenant, and the financial terms of this sublet. Transparency is the key to a healthy relationship with your landlord.

Let's take a concrete example. You are renting a 4-room apartment in Geneva and you wish to sublet a room to a student. You must send a letter to your agency specifying: 'I wish to sublet a 15m2 room to Mr X, a student, from 1 September, for a monthly rent of 600 CHF, including charges. 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 Swiss subletting law, and a point on which Roomlala insists heavily, is the strict prohibition of making a financial profit at the expense of the subtenant. Subletting was designed by the Swiss legislator as a way to share the costs of a home, to help someone out, or to avoid losing an apartment during a temporary absence, but in no case as a lucrative business.

The rent you ask of your subtenant must be proportional to the surface area they occupy and the benefits they enjoy (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 on 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 clearly. You pay a total rent of 2000 CHF for a 100m2 apartment. You sublet a 20m2 room, and the subtenant has access to common areas (i.e. about 30m2 more shared by 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 in breach of the law and your landlord will be entitled to intervene.

The 3 legal conditions where the landlord can refuse subletting

Refusal to communicate the terms of the sublet

As we have seen, the tenant has the right to sublet, but the landlord has a right of oversight. The law provides for three very specific cases, and only these three cases, in which the owner (or the management agency) can legitimately refuse to give their consent. The first reason for refusal is the tenant's refusal to communicate the terms of the sublet. It is a matter of common sense: the landlord must know who lives 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 rent amount, or the planned duration, the landlord is perfectly entitled to respond with a negative. They need to have access to the subletting agreement or, failing that, a document detailing the entire agreement made between you and the subtenant.

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

Abusive conditions and the question of rent

The second legal reason for refusal concerns abusive subletting conditions. As mentioned previously, Swiss law prohibits enriching oneself via subletting. If the landlord finds that the rent requested from the subtenant is disproportionate to the main rent, they have an obligation to refuse the sublet to protect the subtenant against abuse.

It is often on this point that disputes break out. Management agencies 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 under the pretext that you have left a television and a sofa there. That is a clear abusive profit of 500 CHF per month. The owner will refuse this sublet and will issue a formal notice for you to cease this practice.

Major disadvantages for the landlord

The third and final reason for refusal is the appearance of major disadvantages for the landlord. This concept is a bit more subjective and is assessed on a case-by-case basis, but it aims to protect the building's tranquillity and the integrity of the home. A major disadvantage can be related to the nature of the sublet or the behaviour of the subtenant.

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 receiving the public all day long, this constitutes a major disadvantage (change of use, nuisance for neighbours). The landlord will refuse. Similarly, overcrowding is a valid reason. If you live in a 20m2 studio and wish to sublet a part to a couple with a child, the landlord will cite excessive wear and tear on the property and hygiene or noise problems to refuse.

At Roomlala, we always encourage common sense. Choose a subtenant whose lifestyle corresponds to your building's environment. If you live in a very quiet building inhabited by elderly people, avoid subletting your room to a group of musicians who rehearse at night. By preventing these disadvantages, you guarantee your landlord's agreement.

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

Now that you are reassured about the maintenance 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 draw up a formal subletting agreement. This document is essential for protecting both parties. It must state the identity of the main tenant and the subtenant, the precise designation of the room rented (surface area, furniture provided), the accessible common areas, the amount of rent and charges, as well as the termination conditions.

At Roomlala, we make it a point of honour to secure these procedures. When you use our platform to find a subtenant, 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 detailed inventory check of the room when the subtenant moves in and out, backed up by photos. This will prevent many arguments concerning potential damage or the return of the security deposit.

Speaking of the security deposit, be aware that you have the right to ask for one from your subtenant. Just as with a main lease, this guarantee cannot exceed three months' rent and must be deposited in a blocked bank account in the subtenant's name. It is strictly forbidden for the main tenant to keep this money in their personal account. This is a common mistake we observe, and it is vital to correct it to remain strictly within the law.

Finally, do not forget the practical aspects of communal living. Establish a flat-sharing 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 scrupulously respecting the Swiss legal framework that was upheld by the 2024 popular vote, your subletting experience will be a complete success, both on a human and financial level.