Do we need the consent of all the heirs?

Yes. Until division, the estate belongs to everyone jointly, and the flat is disposed of unanimously under Art. 602 CC. In practice a written power of attorney from the community to one person is enough for us, or everyone's signature on the agreement. Where there is an executor, their consent within their powers suffices.

What if we decide to sell while the flat is being let?

Then you give notice to the end of a month, in writing and without giving reasons. Confirmed bookings run to the end of the stay concerned — cancelling them at short notice would be wrong towards guests, and a host cancellation damages the listing's ranking. With a booking window of six weeks, the flat is free in about six weeks.

The flat is furnished, but dated. Does that work?

Usually yes, and often better than expected — guests in Zurich do not book a catalogue interior but a clean flat in a good location with honest photographs. What is not negotiable: mattresses, bed linen in triplicate, working Wi-Fi and a kitchen you can cook in. Anything that jars we see at the walk-through and tell you before the first booking.

Is it worth it for just six months?

With a furnished flat in the city, usually yes, because the most expensive item — the furnishing — is already there. But do not budget with the target figure: a new listing runs at around 82 per cent of the later level over the first twelve months, and six months ends in the middle of that ramp. The calculator shows your case with your own figures.

Can we hold viewings while the flat is being let?

Yes. We block dates in the calendar as we would for your own use; with two weeks' notice that costs nothing. Shorter notice is possible, but cancellations of confirmed bookings may then arise. Between two stays the flat is cleaned and made up — for a viewing that is a better state than six months of vacancy.

An inherited flat in Zurich: letting it while the heirs have not yet decided

For communities of heirs with an empty flat in Zurich. Why a long-term tenant blocks the sale, and what the alternative requires of you.

What can you do with an inherited flat in Zurich?

Until the estate is divided, an inherited flat belongs to all the heirs jointly, and decisions about it require unanimity under Art. 602 CC. Reaching agreement often takes months, and meanwhile the flat stands empty. Short-term letting keeps both routes open: it creates no tenancy that passes to a buyer under Art. 261 CO, it can be ended monthly, and viewings are possible between stays.

Why the flat stands empty for so long

The reason is rarely negligence. A community of heirs holds the estate jointly: until division, everything belongs to everyone together, and individual assets are disposed of jointly. As long as three siblings cannot agree whether to sell or keep, nothing happens to the flat — and doing nothing is the only course that needs no one's consent.

Meanwhile the vacancy runs on. Service charges, insurance, heating in winter, any mortgage interest, plus the deterioration of a flat nobody has aired for months. For a Zurich condominium that is a four-figure sum each month, charged to the estate — which means to all the heirs equally.

There is also a circumstance that makes matters easier and is easily overlooked: an inherited flat is almost always furnished. The item that otherwise ties up money before the first booking is already there. What is usually missing is bed linen in triplicate and a kitchen equipped the way guests expect.

What a long-term tenant means for the sale

If the flat is standing empty anyway, a fixed-term lease suggests itself. For a community of heirs with an open decision on selling it is the worse choice, and the reason sits in a single article: under Art. 261 CO the tenancy passes to the buyer on sale. A sale does not break a lease.

In practice that means three things. The pool of buyers shrinks to those who want to let the flat themselves — owner-occupiers drop out. The achievable price falls accordingly. And a buyer who does want to move in depends on terminating the lease for urgent personal need, which can be challenged and takes time.

Guest occupancy does not create that problem. It can also be ended at any time: we work on one month's notice, with no minimum term and no exit fee. If the decision to sell comes, occupancy runs out as soon as the last confirmed bookings have been honoured — with a typical booking window, that is a matter of weeks.

What speaks for it — and what against

In favour: both routes stay open, and in the meantime the flat is not merely generating costs. In favour too: an occupied flat ages better than an empty one, and viewings are possible between two stays without having to ask anyone for access.

Against it stand three things, and we would rather say them first:

It needs the consent of all the heirs. An agreement carried by only two of three is not an agreement as far as we are concerned — we need a power of attorney from the community or the signatures of everyone.
Permissibility depends on the zoning and, in a condominium, on the by-laws. That is no different from any other case, but it is overlooked more often here, because nobody has the documents to hand.
The tax position changes. Income from the flat is income of the estate and is attributed to the heirs; how that is to be declared in a given case belongs to estate advice, not to us. We supply the figures, not the declaration.

Frequently asked questions

Do we need the consent of all the heirs?: Yes. Until division, the estate belongs to everyone jointly, and the flat is disposed of unanimously under Art. 602 CC. In practice a written power of attorney from the community to one person is enough for us, or everyone's signature on the agreement. Where there is an executor, their consent within their powers suffices.
What if we decide to sell while the flat is being let?: Then you give notice to the end of a month, in writing and without giving reasons. Confirmed bookings run to the end of the stay concerned — cancelling them at short notice would be wrong towards guests, and a host cancellation damages the listing's ranking. With a booking window of six weeks, the flat is free in about six weeks.
The flat is furnished, but dated. Does that work?: Usually yes, and often better than expected — guests in Zurich do not book a catalogue interior but a clean flat in a good location with honest photographs. What is not negotiable: mattresses, bed linen in triplicate, working Wi-Fi and a kitchen you can cook in. Anything that jars we see at the walk-through and tell you before the first booking.
Is it worth it for just six months?: With a furnished flat in the city, usually yes, because the most expensive item — the furnishing — is already there. But do not budget with the target figure: a new listing runs at around 82 per cent of the later level over the first twelve months, and six months ends in the middle of that ramp. The calculator shows your case with your own figures.
Can we hold viewings while the flat is being let?: Yes. We block dates in the calendar as we would for your own use; with two weeks' notice that costs nothing. Shorter notice is possible, but cancellations of confirmed bookings may then arise. Between two stays the flat is cleaned and made up — for a viewing that is a better state than six months of vacancy.

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