The Zurich Tenancy Court, a specialized court for disputes
amongst tenants and landlords - ruled in a decision published this
week that a tenant is basically allowed to provide his or her
apartment via Airbnb to paying guests, thereby applying four tests:
the tenant-host must obtain the general consent of the landlord and
thereby disclose the conditions of the sub-rent. The subrental
payments cannot be abusive and the landlord may not suffer any
substantial disadvantages from the sub-rent.
In the case of the Zurich tenant-host, none of these tests were
fulfilled. As the court held, the tenant-host had not informed the
landlord, had received an "abusively high rate of
subrent" from the paying guests, whilst not avoiding that
co-tenants in the same house were materially and constantly
disturbed by the Airbnb-guests.
The tenant-host had misstated towards the Tenancy Court the
number of subrentals. The court has consulted the platform and
concluded that the apartment has been rented at least twelve times
(instead of three to four times as indicated) at a princely price
of CHF 220 francs per night plus cleaning costs of CHF 60 to CHF
As a result of the abusive subrental payments and the false
statements in the tenancy proceedings, the Tenancy Court prohibited
the tenant-host from any further sub-letting via Airbnb and other
platforms, whilst he was ordered to restitute his landlord for the
illicit profits made.
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