Getting a permission to sublet a rented flat is normally free in Switzerland, but a management company is charging a fee for this service.
Under Swiss law, anyone wishing to sublet their apartment needs a permission from their landlord.
If the agreement with the sub-tenant is straightforward – that is, if it pretty much matches the main tenant’s own contract – then there should be no problem getting the green light.
And just as is the case with the original rental agreement, there is no fee attached to this service.
READ MORE: Can I sublet my rented apartment in Switzerland?
One property management company has, however, written its own rules about processing sublet applications.
Specifically, Livit, one of the country’s largest real estate companies, is charging 100 francs for this service – regardless of whether the sublet request is approved or not.
How does the company justify this charge?
“The administrative fee charged by Livit serves to cover the additional administrative work involved in reviewing and processing a subletting request,” the company told SRF broadcaster.
Don’t miss our journalists’ daily news roundup from Switzerland
‘Highly questionable’
According to Nicole Schweizer, head of Legal Advice at the Zurich chapter of the Swiss Tenants’ Association, such a fee “is legally highly questionable – at least in cases where the tenants are simply requesting the consent required under tenancy law, and if Livit is not providing any additional service commissioned by the tenants.”
Further, for such a fee to be warranted and legally binding, it would have to be written into the rental agreement, she pointed out.
Not without precedence
This is not the first example of a real estate company slapping on extra fees for services provided.
Several years ago, an agency in Geneva made news for charging apartment seekers as much as 350 francs for showing them flats for rent.
“These scandalous practices flourish in areas where there is a housing crisis,” Christian Dandrès, a lawyer for the tenants’ association commented at the time.
READ MORE: Geneva agencies charging tenants ‘hundreds of francs’ to view apartments
What should you do if you find yourself in a similar situation?
Schweizer advises to:
Request the legal basis: Ask which specific provision in the lease agreement or the general terms and conditions justifies the fee.
Contest the charge: State that approval for subletting must be assessed in accordance with Art. 262 of the Code of Obligations of the tenancy law.
In the event of a refusal to examine the application: Refer the matter to the tenancy conciliation authority. This process is free of charge, and no lawyer is required.
