What happens if I let without consent?

It is a breach of contract. The landlord can issue a warning and, if the breach continues, terminate extraordinarily. There is also a financial point that is often overlooked: the profit from an unlawful sublet does not belong to the tenant. The very income at stake can therefore fall away entirely.

How should I ask for consent?

In writing and with all the terms: to whom, for how long, at what price and to what extent. That is exactly what the first ground for refusal demands, and anyone who supplies it unprompted takes it off the table. A proposed limit — number of nights, minimum stay, a contact for disturbances — takes the edge off the third ground.

Article 262 CO: the provision that decides whether you may let at all as a tenant

One paragraph in the Code of Obligations, three grounds for refusal — and the commonest reason a short-term letting ends before it begins.

What does article 262 of the Swiss Code of Obligations govern?

Article 262 of the Swiss Code of Obligations allows tenants to sublet the property in whole or in part — but only with the landlord's consent. Consent may be refused on three grounds only: failure to disclose the terms, abusive sub-rents, or material disadvantage to the landlord. Without consent, subletting is a breach of contract.

The three grounds on which refusal is allowed

The principle favours the tenant: subletting is allowed. The landlord may refuse only if one of three grounds applies — and that list is exhaustive.

The tenant refuses to disclose the terms of the sublet — anyone who will not say to whom, for how long and at what price gets no consent
The terms of the sublet are abusive compared with the main tenancy — the point at which short-term letting regularly fails
The landlord suffers material disadvantage — more wear, disturbance, frequently changing people in the building

Why short-term letting weighs especially heavily here

Two of the three grounds hit short-term letting almost automatically. The nightly rate regularly sits well above the pro-rata rent — that is the basis of the model and at the same time the hook for «abusive». And frequently changing guests are the textbook case of material disadvantage.

That does not mean it cannot be done. It means consent is not a formality, and that an application disclosing terms, duration and prices starts from a far better position than a silent attempt.

Without consent it is a breach of contract. After a warning it can lead to extraordinary termination — and the profit the tenant drew from the unlawful sublet belongs to the landlord.

Frequently asked questions

May I let my rented flat on Airbnb?: Only with the landlord's consent. Article 262 CO allows subletting in principle, but consent is a precondition. It may be refused on three grounds only: failure to disclose the terms, abusive sub-rents, or material disadvantage. With short-term letting the second and third often apply.
What happens if I let without consent?: It is a breach of contract. The landlord can issue a warning and, if the breach continues, terminate extraordinarily. There is also a financial point that is often overlooked: the profit from an unlawful sublet does not belong to the tenant. The very income at stake can therefore fall away entirely.
How should I ask for consent?: In writing and with all the terms: to whom, for how long, at what price and to what extent. That is exactly what the first ground for refusal demands, and anyone who supplies it unprompted takes it off the table. A proposed limit — number of nights, minimum stay, a contact for disturbances — takes the edge off the third ground.

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