Partial Revision Of Tenancy Law: Draft Bill On Subletting

Background

On June 18, 2015, Hans Egloff, former National Councillor and President of the Homeowners' Association, submitted a parliamentary initiative with the aim of preventing abusive subletting. Specifically, Article 262 of the Code of Obligations is to be amended and supplemented. Parliament passed a corresponding bill in the 2023 fall session. The Tenants' Association has launched a referendum against this bill on which the electorate will have the final say in on November 24, 2024.

Current legal situation

The current provision on subletting stipulates that the tenant is entitled to sublet the property in whole or in part with the landlord's consent (Art. 262 para. 1 CO). The landlord can also give his consent implicitly. The landlord may only refuse consent if one of the reasons stated in para. 2 applies: