Livit charges CHF 100 to process sublet requests

Swiss property management company Livit charges tenants CHF 100 plus VAT to process requests to sublet, a fee the Swiss Tenants’ Association says is legally questionable. SRF reports that the association advises tenants not to pay without first asking Livit to explain the legal basis.

Tenants need their landlord’s written consent to sublet all or part of a rented property. Nicole Schweizer, head of legal advice at the association’s Zurich section, said a flat fee for permission alone was questionable if the tenant was only seeking consent under tenancy law and had not ordered an additional service.

Schweizer said Livit would need a valid basis for the charge, such as a clear provision in the tenancy agreement or its general terms and conditions. The association says a landlord cannot make consent to subletting conditional on payment of the fee, because that would add a condition not set out in the law.

Livit says it assesses sublet requests according to legal requirements and charges the fee for the additional administrative work involved. It cited checking documents, assessing the terms of the sublet and processing and documenting the request.

The association recommends that tenants ask Livit to identify the contractual provision supporting the fee and state that they dispute owing it. They should request that the sublet application be assessed independently of payment. If they do pay, Schweizer advises doing so without acknowledging a legal obligation and while reserving the right to reclaim the money. If Livit refuses, tenants can take the matter to the tenancy conciliation authority, which is free and does not require a lawyer.