Subletting Airbnb when teaming up with the homeowner/landlord (Swiss regulations)

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  • BenutzernameMoneyland User Questions
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  • Registriert seit1/27/17
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I just read your article about subletting your rental home and found it very informative! https://www.moneyland.ch/en/subletting-rental-home-switzerland-guidelines

I'm still surprised by the swiss laws, because from what I've heard, the following example which I'm introducing to you in a second is a very common practice in the US for business/profit purposes:

There are 2 different ways (with Airbnb):

Leasing an appartment, not to  live in it, but to put it up on Airbnb and make profit on it, with consent of landlord/homeowner. Requires leasing contract.

Teaming up with the landlord/homeowner.  Example: the landlord would list his property for $1000 a month. You get in contact with him and guarantee him $1500 a month, and everything above that you get to keep yourself. You tell the landlord that you will take care of everything (full automation for him): Any maintenance (below $200), that you will clean it regularly, deal with all the guests, and might even get an additional insurance. This usually doesn't even require a leasing contract.

My question:

Aren't both of those practices legal in Switzerland, IF you get the consent from your landlord/homeowner and he's agreeing on it?

I can see that with the first tactic most landlords wouldn't agree, because they get 0 benefit out of it and would rather give their appartment to a long-term renter.

But the second strategy seems to be a win/win situation for both parties.

I would appreciate some insight a lot, because I essentially wanted to do something similar in the near future (if allowed).

Many thanks already in advance.

 
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  • BenutzernameMoneyguru von moneyland.ch
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  • Registriert seit8/4/15
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The scenarios which you described are possible, within the confines of Swiss federal, cantonal and municipal laws.

The Swiss federal law governing unfair rent prohibits landlords from deriving excessive income from renting out their properties. The definition of excessive income leaves some room for interpretation, rents must loosely follow consumer price indexes. However, there are exceptions to the rule governing unfair rents. For example, they do not apply to luxury housing, including single family homes with more than 6 bedrooms (you can read the law here).

Municipal laws apply in addition to federal laws governing rentals. In the City of Bern, for example, private short-term rentals (including sublets) have been prohibited – largely due to a backlash against Airbnb rentals. If you plan to sublet on Airbnb, make sure to research which municipalities place restrictions or prohibitions on short-term rentals.

Renting out housing on behalf of landlords in exchange for a commission is possible, again, within the confines of Swiss laws. This would be a form of property management. If you are a resident it may require you registering as self-employed or opening a company. It is worth noting that the majority of home rentals and rental properties in Switzerland are managed by property managers.

Best regards from Moneyguru