Airbnb News: Restriction on the Commercial Rental of Flats on Online Platforms Such as Airbnb?
Companies whose business in the commercial rental of flats are currently under criticism. Politicans are calling for a restriction on commercial letting.
The business of these companies is to rent flats from their respective owners and then sublet them. In order to successfully sublet the flats, the companies use online platforms such as Airbnb. The companies’ actions correspond to the current legal situation as they inform the respective owners of the flats about the use of the flats and obtain their agreement for subletting on Airbnb.
Politicians are calling on the Lucerne city government to consider regulating the commercial letting of flats. They are referring to the existing regulation of the Canton of Geneva. According to this regulation, flats in Geneva may only be let for 90 days a year via online platforms such as Airbnb. For rentals exceeding 90 days, the respective landlord requires a corresponding permit.
The existing regulation in Geneva shows that the focus of political attention is mainly on the rental of private flats. The use of residential space within the framework of hotels is not part of the current political discourse, which is likely to intensify the debate even further.
For a summary of what you, as a landlord or tenant, need to consider when subletting your flat on online platforms such as Airbnb, please refer to the following article dated 1st October 2018: www.stu-law.ch/en/2018/10/aenderung-der-mietrechtsverordnung-erleichterung-der-untervermietung-der-wohnung-auf-online-plattformen-wie-airbnb-en/.
-MLaw Ralf Voger, Attorney at Law at Studhalter & Pfister Rechtsanwälte AG