Sublet, or transfer your lease?

Both empty the apartment, but only one releases you. What subletting involves, the three grounds on which a landlord may refuse, and how to choose based on how long you are away.

The basics4 min readUpdated on 18 September 2026

Contents

Six months abroad and a permanent move do not call for the same answer. Confusing the two is expensive, because only one of them takes you out of the contract.

Two different mechanisms

When you sublet, you remain the tenant. You sign a second contract with the subtenant, and your main lease keeps running in your name. You leave, but you stay committed.

In a lease transfer, you are out. The landlord terminates your contract and signs a new one with the successor. That is the mechanism of art. 264 CO, and it is the one that releases you from your obligations.

Subletting requires consent

Article 262 of the Code of Obligations sets the rule: a tenant may sublet, but with the landlord's consent. Subletting without asking, even for a few months, exposes you to termination.

The request is made in writing and has to be complete: who the subtenant is, how long for, and what rent you intend to charge. A landlord cannot rule on conditions they do not know.

The three grounds of refusal

The landlord does not refuse freely. The law lists three grounds, and only three.

You refuse to tell them the terms of the sublet.
Those terms are abusive compared with those of your own lease, typically a markedly higher rent.
The sublet would cause them major disadvantages.

The second ground deserves particular attention. Subletting for more than you pay is the surest way to have the request refused, and to put your own lease at risk.

You are still the tenant

The rent is still owed by you, even if the subtenant does not pay.
Damage caused by the subtenant is attributed to you as against the landlord.
You are the one answering for the apartment at the check-out inspection.
Your rental deposit stays blocked until the main lease ends.

Which one to choose

The question is not which is simpler, but how long you are going for. A temporary absence with a planned return calls for a sublet. A permanent departure calls for a lease transfer: a long sublet with no intention of coming back is, in any case, a frequent ground of challenge.

Official sources

This information is general and does not replace legal advice suited to your situation.

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