Airbnb: What is allowed in the rent and what not

Nearly a Million Nights in Switzerland, and the trend is rising: The booking portal, Airbnb in Switzerland success. In the country as in the cities people offer apartments and rooms.

The Swiss law is lagging behind the offer of the online service, however, the cantons regulate the market differently: Geneva, limited to the monthly number of overnight stays, Zurich has no rules.

to curb the growth of this wild, considered the Federal Council for an adjustment to the tenancy law, rejected the template, but recently, due to resistance in the consultation process. The consequence of this is that tenants must continue to ask the owner for permission if you want to offer your apartment or individual rooms on Airbnb. There are no special regulations for Airbnb to exist, is the existing landlord and tenant law.

these are the rules for tenant

more Precisely, it relates to the provisions for sub-tenants.

1. A tenant is allowed to his apartment under rent. But he must tell the owner of the leases what are the conditions of the accommodation. Best of all, he shall give a copy of the contract. 2. The tenant is allowed to make no profit . This means that he must not take more than he paid for the rent. It is just a single room, should be equal to the monthly rent, approximately in proportion to the occupied space. 3. It is not permitted the sub-tenant finally, to use the living room for completely different purposes , such as, for example, for a business with many customers visit.

not Violate a tenant violates these terms and conditions, may not refuse an owner to a tenant. If he stands still, however, can challenge a tenant with good prospects of success in the conciliation authority and the Rent Tribunal.

This all sounds pretty complicated for a tenant who would like to offer his apartment for days or weeks on Airbnb. In a good agreement with the owner, he may agree with this but also that he does not need to obtain every Time a new consent. This is in principle orally, a written protection is recommended.

To the owner, not the tenant, but the tenant will be liable for any damages.

Who rented an apartment without the consent of the owner, risked, such as in the case of a default of payment of rent termination for cause. The owner must serve notice in this case, the tenant in writing and the lessee has the option to terminate the sublease within a reasonable period of time. Only if this deadline lapses, is no longer reasonable to continue the lease to the owner. He can terminate the apartment with a notice period of 30 days at the end of the month.

the prerequisite for this is, however, that the lessee is relying, incorrectly, on the right to sublease. This is the case, if the above-mentioned conditions are not complied with and, for example, against the owners of the conditions of the not be placed under rent open.

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Fabian Gloor, a legal expert at the Swiss tenants ' Association, does not want to speak specific to Airbnb: "Airbnb, it comes increasingly to commercial interests, what is not provided in the existing tenancy." The Portal also has its downside: In the big cities, Airbnb could run as a commercial business model to an undesirable purpose, alienation, and displacement of low-income housing. The tenant Association of a set, however, for the preservation of affordable housing. Therefore, Gloor takes only a legal Situation in the case of sub-rent position.

he pointed out a pitfall that all tenants should be aware of, the give your apartment more: in front of the owner, the tenant be liable for any damages in the end. Although a sub-tenant against the tenant the same rights and obligations as the tenant to the owner. If you are not a paid lodger but, the cost of the tenant to hang. And, of course, he owes the rent, if the tenant in arrears. (Editorial Tamedia)

Created: 17.04.2019, 18:13 PM