Subletting a Montreux apartment on Airbnb: what art. 262 CO allows, and what a landlord can refuse

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Not every Montreux Airbnb listing is run by the owner of the flat. A good share are tenants who let nights to guests, and a smaller group are investors who rent a flat precisely to relet it. For both, Swiss law has one rule that decides whether the arrangement is safe: the landlord’s consent.

This guide sets out what art. 262 of the Code of Obligations requires, the three grounds on which a landlord may say no, what happens if a tenant sublets without asking, and how the Montreux-specific rules sit on top. It is general information, not legal advice: for a live dispute, call a Swiss lawyer or a tenants’ or landlords’ association.

What art. 262 CO says

Art. 262 para. 1 gives the tenant the right to sublet all or part of the premises with the landlord’s consent. Para. 2 limits the landlord’s freedom to refuse: consent may be withheld only if (a) the tenant refuses to tell the landlord the conditions of the sublease, (b) those conditions are abusive compared with the main lease, or (c) the sublease causes the landlord major inconvenience. Para. 3 keeps the tenant answerable to the landlord for the subtenant’s use of the premises, which must be the same as under the main lease.^[1]

In plain terms: consent is the rule, refusal is the exception, and the three exceptions are a closed list. A landlord who simply dislikes short stays cannot say so and stop there; one who can point to unlimited guests, noise or an abusive markup can.

Is Airbnb really a sublease?

Yes in practice. The tenant remains the contracting party with the landlord and hands over the use of the flat, for a price, to a third party. That is a sublease whether the guest stays a month or a night, and a tenant cannot avoid the consent requirement by calling it “hosting”. If the landlord has not agreed, the right path is to ask in writing before the first booking and to put the answer on file.

The three grounds on which a landlord may refuse

1. The tenant will not disclose the conditions. Who the subtenant is, for how long, and at what price. A tenant who withholds this gives the landlord a ground to refuse.^[1]
2. The conditions are abusive. The test is a comparison with the main lease: if the sublet rent makes the tenant a profit that the furnishing and services do not justify, consent can be refused.^[1]
3. Major inconvenience for the landlord. A rolling stream of strangers in a residential building is the classic example, which is why the neighbour-complaint rules in our neighbours guide matter here too.^[1]

Why this still matters after the 2024 vote

On 24 November 2024 Swiss voters decided on an amendment to the Code of Obligations on subletting; it was rejected by 1,274,818 no to 1,196,643 yes, about 51.6% no on the votes cast.^[2] The reform would have tightened the consent procedure, but the electorate declined it, so the older text of art. 262 remains the law. Anyone planning an Airbnb-on-a-lease model in Montreux should read it as it stands.

The Montreux layer on top

Landlord consent does not replace the local rules; it sits beside them. In the Vaud Riviera communes the person who lets or sublets accommodation must announce the activity at least ten days before the first night, keep a guest register with identity-document copies, and collect the communal tourist tax. A dwelling offered on a platform for more than 90 days per calendar year needs a change-of-use authorisation.^[3] Our guides to registration in Montreux and the taxe de séjour walk through each step.

If you own the flat: what this means for you

Art. 262 does not apply to an owner who lets their own flat; it applies to a tenant who sublets someone else’s. Two owner scenarios are still affected. If you rent a flat to an operator who will relet it, write that into the lease and set the conditions (duration, number of guests, house rules) so the question of consent never arises later. If you own a unit in a condominium, the PPE regulations decide what you may do, as our PPE guide explains. And if you would rather have a fixed monthly income without managing guests, look at our guaranteed-rent and full-service management options.

Frequently asked questions

Sources: (1) Swiss Code of Obligations (SR 220), art. 262 (subletting) and art. 257f para. 3 — official text on Fedlex / texte français; (2) Federal Chancellery, popular vote of 24 November 2024, official results for the amendment of the Code of Obligations on subletting (1,274,818 no, 1,196,643 yes) — admin.ch; (3) Commune de Montreux — logements de vacances, and Office du commerce et des manifestations (art. 74c LEAE), as summarised in our guide to managing from abroad and our registration guide. Commentary on the consent regime: published Swiss legal commentary on art. 262 CO.