Taking over the lease

Taking over the lease

"I've been renting a flat in Geneva for 17 years, where I live with my 25-year-old son. I want to move out soon for personal reasons, but my son has indicated that he wants to stay in the flat. I'd like to know whether my son will be able to take over the lease in his name and, in particular, whether this can be done without increasing the rent.A. Onex

The transfer of a lease does not exist as such in the context of contracts relating to a dwelling, unlike in the case of contracts relating to commercial premises. Therefore, in order to hand over the use of their flat to a third party, tenants must rely on other mechanisms that may apply regardless of whether or not the beneficiary is a close relative.

The first solution is to sublet, in which case the main tenant retains the lease. The sub-tenant only receives temporary use of the premises. If the leaseholder intends to sublet all or part of the flat, he or she must first seek the consent of the lessor. An independent contract will then be concluded between the tenant and the sub-tenant, which may well include the same conditions as those set out in the basic lease. Tenants may also simply lend their home or part of it to a third party, without asking for any contribution to the rent.

Finally, the tenant may of course terminate the lease by agreement with the landlord, to allow a new contract to be concluded with the interested third party, who will then become the new main tenant. In the latter case, however, the landlord is perfectly free to decide to modify the content of the contract (duration, rent, etc.) and is of course free not to agree to enter into a contract with the person presented to him, particularly on grounds of solvency.

In the latter case, the rent is likely to increase. There are, however, rules that limit the landlord's freedom of action, since he must present the new tenant with an official form that will make it possible to measure the proposed increase and find out the reasons for it, for example if work has been carried out on the property in question.Ultimately, you remain free to propose to your landlord that your son take over the lease and to negotiate with him so that he obtains the same conditions as you did. If he refuses, a sublease or even a loan for use will have the advantage of allowing him to keep the same conditions, without however becoming the owner of the lease.