Notwendig, um Verlobte als Untervermieter zu erklären?
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Von w3stw00t
Notwendig, um Verlobte als Untervermieter zu erklären?
https://i.redd.it/2aw4wiq3eehe1.jpeg
Von w3stw00t
2 Kommentare
My fiancée is soon moving in with me. She is from a third country and for the residence permit, we need proof that my apartment is big enough (bedarfsgerecht). It’s a 2.5 room apartment, so there shouldn’t be any issues, but to be sure, I asked the landlord for a confirmation. What I got back was an agreement that I can have my fiancée as my subletter. I don’t think it is necessary that I sign this, is it? On the other hand, would there be any advantages or disadvantages?
No, you do not need to declare your fiancee at all. You are not even legally obligated to inform your landlord that they are moving in with you.
A life partner moving in with you falls under personal rights („Persönlichkeitsrecht“) in Switzerland.
You *can* declare your fiancee as a subletter if you believe it makes their life easier with the immigration authorities. In your case it seems you only need to prove that the place is big enough for two people. (The immigration authorities are trying to prevent „slum lords“ who squeeze 10 people into a tiny rotten apartment and collect exorbitant rents from them.)
You should check with an immigration attorney on what the best way is to do that. It may be sufficient to show the immigration your authorities your rental contract (which should state the size of the place) and sign a declaration that your fiancee is allowed to live with you for free. I had the same situation with my wife (then fiancee) in the past, and that is what I did.
But please ask a lawyer. This is a very simple question that should cost you a few hundred francs maximum to answer.
In any case, do not sign any rental contracts without fully understanding your options.