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

At Roomlala, we understand how stressful the issue of housing can be, especially in Switzerland, where the real estate market is particularly tight. If you are considering subletting a room in your apartment, you have likely heard about reform projects and votes aimed at tightening the rules. Faced with the many rumors and sometimes contradictory information circulating, it is perfectly normal to feel lost. Rest assured, we are here to shed light on the current situation. In this year of 2026, it is essential to revisit recent events to understand exactly what you are entitled to do as a tenant or landlord.

Confusion often stems from a misunderstanding of the Swiss political calendar. Many believed that a federal vote on subletting in Switzerland would overturn the Swiss tenancy law of 2026, with drastic restrictions nearly banning the practice. However, the reality is quite different and, above all, much more reassuring for tenants. The famous federal vote on the modification of tenancy law regarding subletting actually took place on November 24, 2024. The Swiss people made a definitive decision on this hot topic.

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In this detailed article, we will decode the true stakes of this historic vote for you, explain in detail the current Swiss law on subletting a room, and give you all our practical tips for organizing your shared housing in compliance with Swiss legislation 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 a 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, we must take a step back and analyze the results of the popular vote of November 24, 2024. At the time, the Swiss Parliament had drafted a project to modify the Code of Obligations. The goal stated by 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 penalized all tenants: the obligation to obtain written consent from the landlord for each sublet, and above all, a limitation of the subletting duration to a maximum of two years.

At Roomlala, we followed this campaign with great attention, because such a restriction would have jeopardized the very model of the homestay and long-term shared housing. Fortunately for tenants, the Swiss citizens have decided. The draft law aimed at tightening subletting conditions was definitively rejected by the Swiss people, with a majority of 51.58% voting '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 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 law, and the excessive formalism 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. The maintenance of the previous legislation implies that tenants must always demonstrate transparency and rigor. In the following 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 modifications, the unshakable Article 262 of the Code of Obligations (CO) still governs subletting in Switzerland. This article is the central pillar of tenancy law in this area. It stipulates a very simple golden rule: the tenant may sublet all or part of the premises with the landlord's consent. This consent is essential. Under no circumstances can you host a subtenant officially and regularly without having informed the management or the landlord 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 notarized 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, as well as 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 property management stating: 'I wish to sublet a 15m2 room to Mr. X, a student, starting September 1st, for a monthly rent of 600 CHF, including utilities. You will find the draft sublease agreement attached.' By acting this way, you scrupulously respect Article 262 of the CO.

The fundamental principle: no profit from subletting

One of the most crucial aspects of the Swiss law on room subletting, and it is a point on which Roomlala insists heavily, is the strict prohibition on 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 housing, to help 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 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 markup for the wear and tear of the furniture (generally tolerated at around 10 to 20% maximum of the room's rental value), 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 the 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 utilities such as 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 under which the landlord can refuse the sublet

The refusal to communicate the terms of the sublet

As we have seen, the tenant has the right to sublet, but the landlord has the right to review. The law provides for three very specific cases, and only these three cases, in which the landlord (or the property management) can legitimately refuse to give their consent. The first reason for refusal is the tenant's refusal to communicate the conditions 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 person's name, the amount of rent, or the planned duration, the landlord is perfectly entitled to respond with a refusal. They need access to the sublease agreement or, failing that, a document detailing the entire agreement between you and the subtenant.

To avoid this refusal, Roomlala recommends that you prepare a complete file. Even before contacting your property management, finalize a draft sublease agreement with your future flatmate. Provide a copy of this project to your landlord. Be cooperative. If the management asks you for details on how utilities are calculated, answer them clearly and in detail.

Abusive conditions and the question of rent

The second legal reason for refusal concerns abusive conditions of the sublet. As mentioned previously, Swiss law prohibits getting rich through subletting. If the landlord finds that the rent charged to the subtenant is disproportionate to the main rent, they have an obligation to refuse the sublet to protect the subtenant against abuse.

This is often the point where disputes arise. Property managers are very attentive to ads posted 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, if you have already started subletting under abusive conditions without the landlord's consent, 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 left a television and a sofa there. This is a clear abusive profit of 500 CHF per month. The landlord will refuse this sublet and serve you a notice to cease this practice.

Major inconveniences for the landlord

The third and final reason for refusal is the emergence of major inconveniences 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 tranquility of the building and the integrity of the property. A major inconvenience may be related to the nature of the sublet or the subtenant's behavior.

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 parlor there receiving the public all day, this constitutes a major inconvenience (change of use, disturbance to neighbors). The landlord will refuse. Similarly, overcrowding is a valid reason. If you live in a 20m2 studio and you want to sublet a part to a couple with a child, the landlord will invoke 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 matches 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 practice in the evening. By preventing these inconveniences, you guarantee your landlord's agreement.

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

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

At Roomlala, we make it a point of honor to secure these steps. When you use our platform to find a subtenant, you benefit from a structured framework. We recommend using recognized sublease agreement templates in Switzerland (those from ASLOCA, the Swiss Tenants' Association, are excellent references). Don't forget to do a thorough inventory check of the room at the move-in and move-out of the subtenant, with photos as proof. This will avoid many quarrels regarding possible damage or the return of the security deposit.

Speaking of the security deposit (the caution), know that you have the right to ask for one from your subtenant. Just like for a primary lease, this deposit cannot exceed three months' rent and must compulsorily be deposited in a blocked bank account in the name of the subtenant. It is strictly forbidden for the primary tenant to keep this money in their personal account. This is a common error that we observe, and it is vital to correct it to remain strictly within the law.

Finally, don't forget the practical aspects of community life. 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 scrupulously respecting the Swiss legal framework that was reinforced by the 2024 popular vote, your subletting experience will be a true success, both on a human and financial level.