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Officially Subletting .. Rules

Does anyone have any information on how can I officially sublet my apartment for the period I plan on being outside the country.  Is this doable?  Questions:


1.  Can I inform the regie that I am subletting the apartment to someone else?
2. Can the person moving in have all services in mailbox in their name?
3. Is there a legal limit to the amount I can charge them over the current rent as it is furnished and all.
4. What liabilities will I have if something goes wrong?


If someone has any information on this topic, it will be much appreciated.  I know I can ask the Regie itself but just wanted to do my homework before I move on this path.


Thanks


-A

The text you are quoting:

Does anyone have any information on how can I officially sublet my apartment for the period I plan on being outside the country.  Is this doable?  Questions:


1.  Can I inform the regie that I am subletting the apartment to someone else?
2. Can the person moving in have all services in mailbox in their name?
3. Is there a legal limit to the amount I can charge them over the current rent as it is furnished and all.
4. What liabilities will I have if something goes wrong?


If someone has any information on this topic, it will be much appreciated.  I know I can ask the Regie itself but just wanted to do my homework before I move on this path.


Thanks


-A


JustChillingAug 16, 2012 @ 13:31
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Re: Officially Subletting .. Rules
Post 1

Hello mate, it should be in the terms and conditions of the contract you signed with your regie. If you want to do it officially you have to notify it to the regie. I can't remember if they can refuse or not. And yes they can have their name and everything.

The text you are quoting:

Hello mate, it should be in the terms and conditions of the contract you signed with your regie. If you want to do it officially you have to notify it to the regie. I can't remember if they can refuse or not. And yes they can have their name and everything.


catalin, Aug 16, 2012 @ 14:08
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Re: Officially Subletting .. Rules
Post 2

We just did it and could only do so officially for 1 year (after which it is back in my name or must be let through the regie not sublet), I dont know whether that was specific to our regie or not though.  But yes, it can all be done officially etc as Catalin says as per your contract.


We then drew up a sublet contract and had it ok'd by the regie and all was good.

The text you are quoting:

We just did it and could only do so officially for 1 year (after which it is back in my name or must be let through the regie not sublet), I dont know whether that was specific to our regie or not though.  But yes, it can all be done officially etc as Catalin says as per your contract.


We then drew up a sublet contract and had it ok'd by the regie and all was good.


royle, Aug 16, 2012 @ 14:36
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Re: Officially Subletting .. Rules
Post 3

You must keep your renter's insurance and ensure that the subletter has insurance as well.  You are liable for any damage to the apartment because your contract is with the regie and the subletter has a contract with you.


 

The text you are quoting:

You must keep your renter's insurance and ensure that the subletter has insurance as well.  You are liable for any damage to the apartment because your contract is with the regie and the subletter has a contract with you.


 


Translator, Aug 16, 2012 @ 15:28
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Re: Officially Subletting .. Rules
Post 4

@JustChilling et all:


Premium (if any) on monthly rent amount you can sublet after furnishing the place depends on style and category... that is whether it is basic, comfortable or de-luxe furniture. How much also depends on living space (sqm) of your flat. Other members more or less answered most.


Duration of sub-rental is a key issue very often. Regie and owners request to have details on subtenant for period over three months but you remain responsible for payment of rent. >> Should your subtenant stops paying the rent on to your account, you still remain fully liable for paying the rent to regie as you are legally binded with your original lease .


Last advice: you must of course prepare a sub-contract with a FIXED expiration date with all legal clauses ( no abusive ones) which needs to be signed by tenant and sub-tenant(s)/occupant PLUS signatures also as well on the inventory report listing all your furniture & belongings, including (if any) furniture of the landlord PLUS a walk-thru report,i.e. more or less your original document at date of your entry. Do not forget to require a security deposit to your sub-tenant, amount varies according to staying period. Be prepared and beware of consequences if sublet is extended at agreed expiration date.


Should more infos be necessary drop me lines on my inbox. Good luck

The text you are quoting:

@JustChilling et all:


Premium (if any) on monthly rent amount you can sublet after furnishing the place depends on style and category... that is whether it is basic, comfortable or de-luxe furniture. How much also depends on living space (sqm) of your flat. Other members more or less answered most.


Duration of sub-rental is a key issue very often. Regie and owners request to have details on subtenant for period over three months but you remain responsible for payment of rent. >> Should your subtenant stops paying the rent on to your account, you still remain fully liable for paying the rent to regie as you are legally binded with your original lease .


Last advice: you must of course prepare a sub-contract with a FIXED expiration date with all legal clauses ( no abusive ones) which needs to be signed by tenant and sub-tenant(s)/occupant PLUS signatures also as well on the inventory report listing all your furniture & belongings, including (if any) furniture of the landlord PLUS a walk-thru report,i.e. more or less your original document at date of your entry. Do not forget to require a security deposit to your sub-tenant, amount varies according to staying period. Be prepared and beware of consequences if sublet is extended at agreed expiration date.


Should more infos be necessary drop me lines on my inbox. Good luck


Milord, Aug 16, 2012 @ 17:41
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Re: Officially Subletting .. Rules
Post 5

Hello,


My regie refuses my request to sublet apartment without citing a reason.


My written request was refused saying that the application is incomplete since I did not send them a sublet contract. Also, they have been inconsistent on this depending on who I speak to in their office.


As far as I understand, only the owner can do so (I am not sure they speak on behalf of the owner, like with a power of attorney or something), and only for specific reasons. 


My original contract does not mention subletting. Any ideas what the exact rules are and how I can negotiate?


Thanks.

The text you are quoting:

Hello,


My regie refuses my request to sublet apartment without citing a reason.


My written request was refused saying that the application is incomplete since I did not send them a sublet contract. Also, they have been inconsistent on this depending on who I speak to in their office.


As far as I understand, only the owner can do so (I am not sure they speak on behalf of the owner, like with a power of attorney or something), and only for specific reasons. 


My original contract does not mention subletting. Any ideas what the exact rules are and how I can negotiate?


Thanks.


Devdatta M, Aug 29, 2019 @ 14:30
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Re: Officially Subletting .. Rules
Post 6

Hi Devdatta, 


If you think your regie is being unreasonable in their refusal, go to ASLOCA and speak to a lawyer there, who will be able to tell you what the law is (and remind the regie of it, if necessary). 


Here's the text from their website about subletting specifically. It seems that until they see your actual subletter and the contract you have with them, it is reasonable for them to refuse.


https://www.asloca.ch/faq/#toggle-id-15


J’ai le droit de sous-louer mon logement, pour autant que j’indique à mon bailleur les conditions de la sous-location.


Oui, mais vous devez solliciter une autorisation écrite du bailleur pour pouvoir sous-louer. Celui-ci ne peut pas la refuser, sauf justes motifs, si vous lui communiquer les conditions de la sous-location (identité du sous-locataire, montant du loyer de sous-location). Encore faut-il que les conditions de sous-location ne soient pas abusives (ne sous-louez pas le double du prix de la location principale!). En cas de refus injustifié du bailleur, il est nécessaire de saisir l’autorité de conciliation pour faire constater que les conditions de sous-location ne sont pas abusives.


En tant que locataire principal, vous restez tenu envers votre bailleur de toutes les obligations découlant du bail; vous répondez entièrement des actes du sous-locataire (paiement du loyer, dégâts au logement, comportement dans l’immeuble). Assurez-vous que celui-ci possède une assurance responsabilité civile, faites lui signer un contrat de bail écrit et faites établir une garantie-loyer auprès d’un établissement bancaire(garantie dont le montant devra figurer dans le contrat écrit).

The text you are quoting:

Hi Devdatta, 


If you think your regie is being unreasonable in their refusal, go to ASLOCA and speak to a lawyer there, who will be able to tell you what the law is (and remind the regie of it, if necessary). 


Here's the text from their website about subletting specifically. It seems that until they see your actual subletter and the contract you have with them, it is reasonable for them to refuse.


https://www.asloca.ch/faq/#toggle-id-15


J’ai le droit de sous-louer mon logement, pour autant que j’indique à mon bailleur les conditions de la sous-location.


Oui, mais vous devez solliciter une autorisation écrite du bailleur pour pouvoir sous-louer. Celui-ci ne peut pas la refuser, sauf justes motifs, si vous lui communiquer les conditions de la sous-location (identité du sous-locataire, montant du loyer de sous-location). Encore faut-il que les conditions de sous-location ne soient pas abusives (ne sous-louez pas le double du prix de la location principale!). En cas de refus injustifié du bailleur, il est nécessaire de saisir l’autorité de conciliation pour faire constater que les conditions de sous-location ne sont pas abusives.


En tant que locataire principal, vous restez tenu envers votre bailleur de toutes les obligations découlant du bail; vous répondez entièrement des actes du sous-locataire (paiement du loyer, dégâts au logement, comportement dans l’immeuble). Assurez-vous que celui-ci possède une assurance responsabilité civile, faites lui signer un contrat de bail écrit et faites établir une garantie-loyer auprès d’un établissement bancaire(garantie dont le montant devra figurer dans le contrat écrit).


Viki L, Aug 30, 2019 @ 13:04
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Re: Officially Subletting .. Rules
Post 7

Thanks for the tips Viki. I guess I should approach ASLOCA if things really come to such a pass. 


I'll try with the regie a bit by sending a definitive draft sublet contract to see what excuse they come up with then.

The text you are quoting:

Thanks for the tips Viki. I guess I should approach ASLOCA if things really come to such a pass. 


I'll try with the regie a bit by sending a definitive draft sublet contract to see what excuse they come up with then.


Devdatta M, Sep 1, 2019 @ 00:32
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