Subletting in Geneva: authorisation, price, risks and request template

Subletting in Geneva concerns the tenant who hands their home over to a third party during an absence, without giving up the lease. The federal Code of Obligations establishes the principle and the requirement of the landlord's consent; Geneva cantonal law adds its own limits.

This article covers the right to sublet and the régie's consent; it presents the authorisation request, its content, refusal and the régie's silence; it sets out the permissible price, the accepted duration, the content of the agreement and the division of responsibilities; it states what an unauthorised sublease risks; it compares subletting the whole home with subletting a room; it describes how to end the sublease.

It closes with specific Geneva cases: subsidised housing, rental platforms, registering with the cantonal population and migration office, and taxation of the sub-rent. A template request to fill in accompanies the authorisation procedure.

Do you have the right to sublet your home in Geneva?

Yes, you have the right to sublet your home in Geneva, provided you obtain the landlord's consent.

Art. 262 CO, in force since 1 January 2026, establishes this right and limits refusal to three grounds: refusal to disclose the terms of the sublease, terms that are abusive compared with the main lease, and major drawbacks for the landlord. Outside these three cases, consent is owed.

What the law says (art. 262 para. 1 and 2 CO): "The tenant may sublet all or part of the property with the landlord's consent. The landlord may refuse consent only: a. if the tenant refuses to disclose the terms of the sublease; b. if the terms of the sublease, compared with those of the main lease, are abusive; c. if the sublease creates major drawbacks for the landlord."

A sublease is the agreement by which the tenant transfers use of the home to a subtenant, while remaining the party to the main lease and guarantor toward the landlord for the use of the home. A lease clause banning all subletting has no effect: the Federal Supreme Court holds that art. 262 is mandatory and rules out any blanket contractual ban (ATF 134 III 300).

Two arrangements coexist: subletting the whole home during an absence, or subletting one or more rooms while you continue to live there. Authorisation is required in both cases; price, duration and cantonal limits differ.

This regime is unchanged. On 24 November 2024, the electorate rejected the revision of this article, with 51.58% voting no, on a turnout of 44.90%. The tightening adopted by Parliament, mandatory written consent and refusal permitted beyond two years, never entered into force.

How do you request authorisation to sublet from your régie?

To request authorisation to sublet from your property management agency (régie), you send a letter describing the terms of the sublease, before the subtenant moves in.

The request template, to be filled in on its dedicated page, covers all the headings and is worth checking before you send it.

Fill in the authorisation request template

One check comes before these steps: the status of the building, since subsidised housing can never be sublet under any circumstances.

Five steps lead from preparation to the subtenant moving in.

1. Gather the information on the subtenant and on the terms of the sublease.
2. Draft the request on a single page, dated and signed.
3. Send it to the régie that manages the building, or directly to the landlord.
4. Keep proof of sending: a registered letter, an acknowledgement of receipt, or a dated copy of the email.
5. Wait for the written response before the subtenant moves in at all.

No particular form is required, and an oral authorisation is difficult to prove. Putting it in writing protects the tenant more than the régie: it dates the step taken, fixes the terms communicated, and supports a challenge before the Conciliation Commission for Lease and Rent Matters if refused.

What must the authorisation request contain?

The authorisation request contains the terms of the sublease, the only information that the Code of Obligations makes enforceable against the landlord.

Four elements make up these terms, according to legal scholarship and practice.

• The subtenant's identity: first name, last name and current address.
• Sub-rent: the monthly amount in CHF, including charges and furniture.
• Duration: start and end dates.
• Use: the home's purpose, identical to that of the main lease.

In practice, Geneva régies ask for four additional pieces of information.

• Reason for the absence: a work assignment, a study stay, hospitalisation, a trial period of living together.
• Return date: the day the tenant comes back.
• Number of occupants: the total number of people housed.
• Rooms sublet: identification of the rooms in the case of a partial sublease.

The return date should be stated as a firm commitment. A request that suggests a permanent departure is treated as a substitution of tenant and exposes the lease to termination (ATF 138 III 59).

What are the grounds for refusing a sublease?

The grounds for refusing a sublease are refusal to disclose the terms, terms that are abusive compared with the main lease, and major drawbacks for the landlord, listed in article 262 para. 2 of the Code of Obligations. This list is exhaustive.

1. Refusal to disclose the terms. Without the subtenant's name, the duration and the sub-rent, the landlord loses all control over the use of their property. A request with no draft agreement falls into this case.
2. Terms that are abusive compared with the main lease. The comparison is made against the main rent, never against the market, which strips the sublease of any profit-making character. The Federal Supreme Court treats a sub-rent that exceeds the permissible amount derived from the main rent by 30% as manifestly abusive (ATF 119 II 353, consid. 6).
3. Major drawbacks for the landlord. Here the landlord invokes a concrete nuisance: overcrowding of the home, repeated disturbances, use unrelated to the purpose of the premises. Distinct from this ground, a disguised substitution of tenant amounts to an abuse of right (ATF 138 III 59, consid. 2.2.1).

The diagram below sets out the three grounds and notes, in its closing band, that no other ground can be raised against the tenant.

Refusal is not subject to any formal requirement, and the burden of proving the ground invoked falls on the landlord before the conciliation authority.

Five common situations fall between lawful refusal and abusive refusal.

Situation	Lawful or abusive refusal	Legal or case-law basis
Request without the sub-rent or the subtenant's identity	Lawful	CO 262 para. 2 let. a
Sub-rent exceeding the permissible amount by 30%	Lawful	ATF 119 II 353, consid. 6
Pro-rata sub-rent, furniture billed at its real value	Abusive	CO 262 para. 2 let. b
Tenant with no intention of returning to the home	Lawful	ATF 138 III 59, consid. 2.2.1
Refusal without invoking one of the three grounds	Abusive	CO 262 para. 2

What should you do if the régie refuses or does not respond?

Follow up with the régie in writing, then refer the matter to the Conciliation Commission for Lease and Rent Matters. Outside homes subject to the General Law on Housing and Tenant Protection (LGL) or the General Law on Development Zones (LGZD), the régie's silence does not amount to authorisation to sublet.

The thirty-day time limit often presented as the Geneva rule comes from the French-speaking Switzerland framework lease agreement, which has had no general binding force since 1 July 2020, according to the Federal Office for Housing. In a free-market home, it applies only if the lease expressly incorporates it.

It remains a matter of right, however, in buildings subject to the LGL or the LGZD, where article 9 of the Rules and Practices of Tenancy annexed to the LGL's implementing regulation adds that, absent a response within thirty days, the landlord is deemed to accept the sublease.

Subsidised housing is an exception: subletting is prohibited there under all circumstances, and the régie's silence does not amount to any authorisation. This point should be checked in the lease before you start counting days.

Three steps follow one another when facing a refusal or a lack of response.

1. Follow up by registered letter, setting a deadline for a response.
2. Ask for the reasons for the refusal, referring back to the three grounds in article 262 para. 2 of the Code of Obligations.
3. Refer the matter to the Conciliation Commission for Lease and Rent Matters, at rue de l'Athénée 6-8 in Geneva: the request is in writing, the procedure is free of charge, and the hearing generally takes place within two months.

What you should absolutely not do.

• Move the subtenant in before the régie's consent.
• Treat the lack of a response as tacit agreement outside the LGL or the LGZD.
• Terminate your own lease during the procedure.

What is the price of a sublease?

The price of a sublease is capped by the rent of the main lease, not by Geneva market prices: the Federal Supreme Court excludes the criteria for abusive rent from this comparison.

The calculation starts from the main rent, charges included, divided by the number of rooms or pro-rated to the area handed over. Certain supplements are allowed on top of this amount: furniture, costs specific to the sublease, a parking space, services provided to the subtenant.

A reduction then applies where enjoyment of the home remains partial: ATF 119 II 353 sets it at 20% of the amount obtained. None of these items leaves room for a margin: the sub-rent is built item by item, and the Federal Supreme Court has never recognised a right to a profit.

For a furnished home, the same judgment upholds a separate, schematic supplement of 20% of the rent per room, absent any evidence on the value of the furniture.

ASLOCA Geneva disputes these flat rates, which index the price of the furniture to the rent rather than to the quality of the furniture, and instead applies the real value: a piece of furniture bought for CHF 1,500, with a fifteen-year lifespan, justifies CHF 10 a month.

A gap of 30% between the sub-rent claimed and the corrected amount is manifestly abusive (ATF 119 II 353, consid. 6).

The subtenant challenges their initial rent before the conciliation authority within thirty days of taking possession of the premises (art. 270 CO). The same gap grounds the landlord's refusal, and then early termination (ATF 134 III 300, consid. 3).

How long can a sublease last?

A sublease lasts for as long as the tenant is away. As the law sets no maximum duration, the régie may refuse to extend it beyond one year.

The Code of Obligations sets no maximum duration: the test is the intention to return to the home. Under judgment of the Federal Supreme Court 4A_556/2015 of 3 May 2016, the right to sublet exists only if the tenant intends to use the rented property again personally within a foreseeable future, that intention arising from a legitimate and clearly perceptible need.

A vague possibility of coming back one day is not enough: the arrangement then becomes a substitution of tenant, that is, an abuse of right.

Beyond a year's absence, a refusal to extend becomes plausible: in the Geneva case decided in 2016, the régie had authorised only one year, and the notice of termination served afterwards was held valid.

A change of plans should be reported to the régie without delay: a tenant who gives up returning is released from the lease by presenting a solvent replacement, willing to take over the lease on the same terms (art. 264 CO).

Which option should you choose: the whole home or a room?

The option to choose is subletting one or more rooms, the least risky arrangement, because the tenant continues to occupy the premises and the suspicion of having given up the home weighs less heavily on them.

Five criteria separate the two options.

Criterion	Whole home	One or more rooms
Landlord's authorisation	Required (art. 262 CO)	Required (art. 262 CO)
Intention to return	Examined strictly, a foreseeable return required	Less exposed, but partial use alone is not enough
Duration	Bounded by the tenant's absence	Free for as long as the shared occupancy lasts
Listing via a platform	90 days per year at most	Cantonal limit not applicable
Main risk	Reclassification as a substitution of tenant	Sub-rent disproportionate to the area handed over

The State of Geneva expressly excludes the 90-day-per-year limit for subletting one or more rooms, whereas it applies to the whole home under the rules on change of use.

What must the sublease agreement provide for?

A written sublease agreement provides for the identity of the parties, the subject matter, the duration, the sub-rent, the charges, the furniture, the condition reports, the deposit and insurance.

• Parties: name, date of birth and address of both signatories.
• Subject matter: the home or rooms handed over, including any ancillary spaces (cellar, balcony, parking space).
• Duration: move-in date, move-out date and the notice period for terminating the sublease.
• Sub-rent: the monthly amount in CHF, the payment due date and the account for payment.
• Charges: costs included in the sub-rent and costs left to the subtenant (electricity, broadcasting reception fee).
• Furniture: an inventory of the furniture and equipment left on site, signed by both parties.
• Condition reports: the move-in report and the move-out report appended to the agreement.
• Deposit: three months' sub-rent at most, deposited in a bank account in the subtenant's name and never held by the main tenant (art. 257e CO).
• Insurance: a certificate of private personal liability insurance in the subtenant's name.

The main tenant should have their insurer confirm the scope of their policy before handing over the keys, as a subtenant's coverage depends on the general terms.

Who is liable for damage and unpaid rent?

The main tenant is solely liable for damage and unpaid rent toward their landlord. A sub-rent that the subtenant fails to pay suspends nothing: the main rent remains owed to the régie.

Article 262 para. 3 of the Code of Obligations makes the tenant the guarantor, toward the landlord, of the subtenant's proper use of the home, and allows the landlord to approach the subtenant directly. Damage left by the subtenant is charged to the main tenant, who must return the home in the condition resulting from use in accordance with the agreement (article 267).

The diagram below follows the chain of agreements: each solid line links a party to their counterparty, and the dotted line notes that no direct link exists between the landlord and the subtenant.

The candidate's solvency is checked just as a régie would: a debt collection register extract from the Geneva cantonal office costs 17 francs.

What are the risks of subletting without authorisation?

The first risk of subletting without authorisation is losing your lease. In principle, an unauthorised sublease grounds extraordinary termination, subject, for a home, to a notice period of at least thirty days for the end of a month.

Article 257f, para. 3, CO makes this notice subject to a prior written protest, from which the Federal Supreme Court exempts the landlord only if it appears from the outset to be "manifestly pointless" (judgment 4A_456/2010). The ground relied on must be one of those that would have justified refusing the sublease (ATF 134 III 446).

Four steps are then seen in an extraordinary termination.

1. Discovery of the sublease.
2. Written protest, which sets the deadline for remedying the situation.
3. Remedying or ending the sublease within that deadline.
4. Termination, at least 30 days for the end of a month, to be challenged in conciliation within 30 days.

The timeline below places the four steps in order, from discovery to termination.

The landlord may claim for themselves the profit from an unauthorised sublease on the basis of article 423, para. 1, CO, if the tenant acted in bad faith.

In a Geneva case, the Federal Supreme Court upheld the order for a tenant to repay 27,493 francs in gains accumulated over 58 months, her sub-rent exceeding the main rent by 81% (judgment 4A_211/2016 of 7 July 2016).

When the sublease has already begun without consent, a request for consent can still be made afterwards, but regularising it then depends solely on the landlord's goodwill: they may validly grant it after the fact (ATF 134 III 446). A tenant who ends the sublease, or who obtains this consent within the deadline set, keeps their lease.

How do you end a sublease?

To end a sublease, the main tenant terminates the agreement in writing, with three months' notice for the end of a lease quarter, absent any local practice to the contrary.

Three rules govern this notice. The notice must be served on the form approved by the canton, on pain of nullity (articles 266l and 266o). A separately let furnished room is vacated by giving two weeks' notice for the end of a month (article 266e). If the sublease is for a fixed term, notice is unnecessary and it is enough to let the term run out (article 266).

The end of the main lease deprives the sublease of any effect toward the landlord: since the subtenant has no contractual link with the landlord, they have no right of their own to stay, and their agreement, even if still running, is not enforceable against the main landlord, who can demand the return of the home (article 273b; judgment of the Federal Supreme Court 4A_468/2022).

When the case is clear, the Lease and Rent Tribunal orders eviction (art. 257 CPC), unless the subtenant makes it plausible that the main lease was concluded to circumvent the rules protecting against termination, in which case they themselves benefit from that protection (article 273b para. 2; judgment 4A_22/2025). Setting the sublease's duration in the agreement from the outset prevents this kind of dispute.

What Geneva-specific situations change these rules?

The Geneva-specific situations that change how these rules apply are subsidised housing, listing a home via a platform, the position of the owner who receives the request, and the subtenant's registration on arrival, the federal content remaining identical across the whole country.

Subsidised housing follows its own occupancy regime, set by cantonal law. The cantonal framework for listing a home via a platform caps the number of days and adds tax and administrative obligations.

The owner who receives the request, for their part, has only narrow room for manoeuvre. The subtenant, finally, registers their arrival with the cantonal population and migration office. These four questions build on the general framework for renting a home in Geneva.

Can you sublet subsidised housing in Geneva?

No, you cannot sublet subsidised housing in Geneva: any sublease, whether complete or partial, is prohibited and results in termination of the lease.

The implementing regulation of the General Law on Housing and Tenant Protection states this prohibition in article 5, para. 3: "Any subletting whatsoever, whether complete or partial, is prohibited and results in termination of the lease, in accordance with article 31B of the law."

Three signs reveal this regime.

• Category of the building: low-cost housing (HBM), moderate-rent housing (HLM) or mixed housing (HM), one of the categories eligible for the benefit of the law.
• Income control: the income of the occupying household is subject to ongoing control by the cantonal office for housing and land-use planning.
• Domicile: the home constitutes the tenant's civil and tax domicile.

The office provides information on a building's status. The same regulation excludes a tenant who sublets from the housing allowance.

What limits apply to subletting via a platform?

The limit that applies to subletting via a platform is the cap of 90 days per year for listing a whole home for short-term rental. Beyond that, the rental amounts to a change of use within the meaning of the law on the demolition, alteration and renovation of residential buildings (LDTR).

This cap is set out in the LDTR implementing regulation, in its article 4A, in the version in force since 25 March 2019, subletting one or more rooms aside.

Four cantonal obligations come on top of this cap.

• A tourist tax of CHF 4.25 per person per night is collected by the sub-landlord.
• Rents collected must be declared to the tax authorities.
• Beyond 90 days, the activity falls under the jurisdiction of the trade police, without waiving the LDTR authorisation required because of the change of use.
• The sub-landlord must report to the cantonal police any foreign national housed for profit.

Bypassing the landlord's consent is impossible: these cantonal rules do not waive any obligation under tenancy law.

Can a landlord object to the subletting of their property?

Yes, a landlord can object to the subletting of their property, but only on one of the three grounds for refusal that article 262 CO lists exhaustively.

A landlord who receives an incomplete request asks in writing for the missing information: the subtenant's identity, the intended duration and the amount of the sub-rent. They then give reasons for their refusal by naming the ground relied on.

Outside buildings subject to the LGL or the LGZD, a request left unanswered does not amount to authorisation; it does, however, deprive the landlord of a documented ground before the conciliation commission.

The lease usefully addresses this question as early as when a property is put up for let: setting out the procedure to follow and the information expected avoids incomplete requests.

Does the subtenant have to register with the OCPM?

Yes, the subtenant must register with the cantonal population and migration office (OCPM): anyone settling in the canton must register their change of address within 14 days of arriving.

This registration determines the rest of their stay: obtaining a residence permit requires an address of domicile in Switzerland. An unauthorised sublease becomes awkward from the moment the subtenant needs this official address: they appear by name at the home's address and on domicile certificates as well as on administrative mail.

Can a subtenant sublet in turn?

No, a subtenant cannot sublet in turn without the main landlord's consent.

Each link in the chain requires its own consent: the subtenant obtains that of the main tenant, the sole guarantor toward the landlord.

Must the sub-rent received be declared to the tax authorities?

Yes, the sub-rent received must be declared to the tax authorities: it constitutes taxable income.

Article 16, para. 1, of the federal law on direct federal tax subjects to tax "all income of the taxpayer, whether one-off or periodic". The amount received is entered under other taxable income. The rent and charges paid to the landlord are deducted in proportion to the duration and the number of rooms sublet.