The dangers of subletting

The dangers of subletting

"I'm 75 years old and have lived in Geneva since 1958. Thirteen years ago, a friend helped me find a flat and put it in his name, because I'd been sued. Three years ago, the building was bought. The new tenant wanted to terminate the lease on the pretext that he wanted to house his grandson. He offered me a studio instead. I'm also using the flat as a workshop, and I'd like to stay there because I need the space. What should I do?"

Léon, Geneva

Under art. 262 of the Swiss Code of Obligations, the tenant may sublet all or part of the property with the landlord's consent. According to the Swiss Federal Supreme Court, where there is a valid reason for objecting to the subletting, this may justify early termination of the lease if, after a warning, the tenant does not put an end to the subletting. Our Supreme Court takes the view that if the tenant has lost all hope of ever using the rented property again and has in fact substituted tenants by sub-letting, there has been an abuse of rights within the meaning of art. 2 of the Civil Code and the lessee cannot avail himself of his right to sub-let. This is indeed the case in which you find yourself, since your friend, who is the tenant, has never wanted to take over the use of the rented property.

For this reason, the owner of your flat would be entitled to terminate the lease early in accordance with art. 257f para. 3 of the Swiss Code of Obligations, subject to a minimum notice period of 30 days to the end of the month. In such a case, no lease extension could be granted to your friend, and it makes no difference whether or not the landlord intends to house a member of his family.

Legally, you are unfortunately in an uncomfortable position, and the offer of a studio flat by the owner of your flat seems like a solution to consider until you find accommodation that suits you better.