Sublease Clean Pack
Set up a clean sublet: landlord request under Art. 262 CO, sublease contract blueprint, listing template and short handover protocol.
Checked on 21 August 2026 by Jens Herbst, BoVitaWe keep every document current and check it regularly against the sources.
Who is this document for?
For main tenants who want to sublet their room or flat temporarily without trouble with landlord, subtenant or deposit.
What is inside
- Legally compliant landlord request under Art. 262 CO
- Sublease contract blueprint with 12 must-have blocks
- Listing template for finding subtenants
- Handover protocol template with all rooms and defect catalogue
- Scam checklist to vet applicants
How to fill it in
- 1Get the landlord's consent FIRST; the request template lists what they may ask for.
- 2Build the sublease along the 12 blocks; skip none.
- 3Run move-in and move-out with the handover protocol, even among friends.
Frequently asked questions
For main tenants subletting temporarily (semester abroad, trial period elsewhere, interim use) who want to keep it clean for everyone involved.
In principle yes, with the landlord's consent (Art. 262 CO). They may refuse on three exhaustively listed grounds only: you do not disclose the sublease terms, the terms are abusive, or the sublease causes them material disadvantages. The request template is built exactly for that.
The law sets no reply deadline. Set a polite deadline in your own letter, document the dispatch and only sublet once you actually have the consent. There is also no statutory maximum duration for a sublease.
In principle your own rent plus documented supplements (e.g. furnishing); excessive sublease rents are a valid refusal ground and put your main lease at risk.
Two of them, no. Block 1 goes to your landlord and block 2 onto Swiss listing sites, and both work in German: sent in English they often simply get no reply, and you never learn why. Use the German version of those two and keep the English file as your reference; the German file is on this page too. Everything else in the pack is for you alone and works fine in English.
Strongly yes: the 12-block blueprint covers duration, deposit, utilities, house rules and handover so nothing ends in a dispute.
Yes, free by email.
If the template alone is not enough
What this document is based on
Every provision is checked against the wording of the consolidated version. The links lead straight to the federal statute.
- OR Art. 262 · Untermiete
Tenants may sublet, but need the landlord's consent. It may be refused on three grounds only: the terms of the sublease are not disclosed, the terms are abusive compared with the main lease, or the landlord would suffer material disadvantages. The law knows neither a reply deadline nor consent by silence.
OR Art. 262, SR 220 · Status 01.01.2026
- OR Art. 257f Abs. 3 · Kuendigung wegen Sorgfaltspflichtverletzung
If tenants breach their duty of care or consideration, for example through unauthorised subletting, the landlord must first issue a written warning. Only if the breach continues despite that warning may they terminate, with at least 30 days' notice to the end of a month for residential and commercial premises. Immediate termination is possible only where the tenant wilfully causes serious damage.
OR Art. 257f Abs. 3 und 4, SR 220 · Status 01.01.2026
When the document alone is not enough
In tenancy matters the conciliation procedure is free of charge. You need no lawyer, and the authority also gives advice.
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