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The right way to sublet
°°° The right rent
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Sublease contract & Templates [Downloads]

°°° The right rent

The rent may not be 'abused'

The right rent 'Abused', in this context, means if you make a profit from the sub-lease. In other words, the rent you receive may not exceed your own costs.

But of course you can demand a sum that covers your effective costs. That includes ancillary costs, such as utilities (electricity and water), TV and radio license fee, internet charges, etc, in addition to the gross base rent.

Legally, you can also include a surcharge of up to 20% for furnishings, but we advise customers not to add this surcharge. The reason is that apartment-seekers pay us a service fee that, on average, is roughly equivalent to the 20% surcharge for furniture.

The fact is that 60% of our providers demand only their effective costs and about 30% even less than that. Only about 10% ask for a surcharge for furnishings.

We don't publish clearly overpriced apartments.

Use, but not gainful use

The legal background of this provision is that you can «use» the property you rent, but not 'gainfully'. In other words, you may not profit from the property you rent – only the landlord is able to do that.

If you sub-let your apartment at a higher rent than you pay yourself, you are profiting from it. At a correct rental price, however, the apartment is let to the sub-tenant 'for the use of' – and in legal terms, that makes a difference.

Form submission obligation in certain cantons

In these cantons, you are required to submit a form indicating the initial rent. If you fail to do this, you run the risk that the initial rent may be contested and in some cases set by a court.

This can have negative consequences if you are renting the property out for a profit and not merely to cover your costs.

 

No responsibility is taken for the correctness of this information.

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