The Risks of Sub-Lease
Sublet his apartment has risks:
SUB-LEASE: Whether the opportunity to stay long abroad or for sentimental reasons, it is allowed to sublet an apartment for a specified period, provided they have the permission of the lessor and to respect certain rules.
The majority of the victims of the scam to the sublease held recently in Neuchatel and Lausanne was almost all students (see the edition of September 3). What are the rules, for both the tenant (-owner) and for the sub-tenant so that this Agreement is held to the satisfaction of all?
Prior to sublet his apartment, the tenant must seek written permission from the lessor and to transmit the identity of the sub-tenant and a copy of the sub-lease with the rent requested. You should know that the tenant must not make a profit on the sublease, by it against can receive an additional amount if appropriate furniture is provided.
“What people forget is that the main tenant meets all of the acts of the sub-tenant.” A pen in hand, Gabriel Winkler, head of the agency neuchateloise stewardship of a large, draw the outline of the sub-lease “between the landlord and the tenant, there is a contractual relationship, and between the tenant and the sublessee there must be a contractual relationship, but there is no link between the lessor and the sublessee.
So, the big risk for a tenant who sublets her apartment, for example the payment of rent. He has every interest in checking the creditworthiness of the sub-tenant, as is done, we lessor. But the main tenant is also responsible for damages to his sub-tenant may result in the dwelling or its behavior in the building. To avoid disaster, the tenant-landlord must prepare a written lease, ensure that its sub-tenant has a good RC and require a guarantee of rent deposited in a bank and the amount contained in the contract .
As part of the scam which took place in Neuchatel, where the main tenant had practiced in this way, the scammer would have certainly given up subletting the apartment. Gabriel Winkler admits that, without knowing the parts that the fraudster was able to present it is difficult to throw stones against this young woman who has entrusted the keys to his apartment without a deposit or cash rent: But anyway, it is - against the law - responsible for what happened next. ”
Youth who subleased the apartment to the scam have also committed a great imprudence by agreeing to submit by hand (!) The equivalent of three months rent against a simple receipt. But again, Gabriel Winkler relativise: “Fraudsters have misled these young people with a scenario put together, and it is true that it never asks you to those who made a home visit to present his identity card.”