Shared housing is an increasingly widespread form of accommodation in Switzerland, particularly in Geneva and Lausanne where high rents push many people to share accommodation. Swiss tenancy law does not provide a specific regime for shared housing: the general rules on residential leases apply, with important consequences depending on the legal structure chosen. PBM Avocats helps you understand and organise your shared housing on a solid legal basis.
The Two Legal Structures of Shared Housing
The legal structure of shared housing determines the rights and obligations of each flatmate towards the landlord and among themselves. There are two main configurations:
| Criterion | Joint Lease (all co-signatories) | Individual Lease (one main tenant) |
|---|---|---|
| Parties to the lease | All flatmates | One main tenant only |
| Rent liability | Joint and several — each liable for the whole | Main tenant solely responsible |
| Relationship with landlord | Each flatmate is a tenant | Others are subtenants |
| Replacement of a flatmate | Agreement of all + landlord's consent required | Landlord's consent required for subletting |
| Termination by a flatmate | Impossible without agreement of all | Subtenant may terminate their share |
| Rental deposit | Paid jointly | Paid by the main tenant |
Joint and Several Liability in the Joint Lease
When all flatmates are co-signatories to the same lease, they are jointly and severally liable to the landlord for all obligations arising from the lease (art. 143 CO). This joint and several liability means that:
- The landlord may claim the full rent from any flatmate, regardless of each person's actual share
- If one of the flatmates does not pay their share, the others must cover the shortfall to avoid a payment default
- Damage caused by one of the flatmates engages the liability of all towards the landlord
- The flatmate who has paid more than their share has an internal right of recourse against the others (art. 149 CO)
The Internal Shared Housing Agreement
To avoid conflicts, flatmates are strongly advised to conclude an internal shared housing agreement that governs their relations among themselves. This agreement, distinct from the lease, may provide for:
- The allocation of rent and charges between flatmates
- Rules for communal living (kitchen, housekeeping, guests, noise)
- The procedure in case of departure of a flatmate (internal notice period, finding a replacement)
- The allocation of the rental deposit upon departure
- The modalities for collective decision-making in case of disagreement
- The allocation of any damages caused to the accommodation
Replacement of a Flatmate
The replacement of a flatmate is a delicate situation that requires the agreement of all parties:
In a Joint Lease
The departing flatmate and the incoming flatmate must obtain the agreement of the other flatmates and the landlord. The typical procedure is as follows:
- The flatmates propose a solvent candidate to the landlord
- The landlord verifies solvency and may request references
- If the landlord accepts, an addendum to the lease is signed by all
- The departing flatmate is released from their future obligations upon signing the addendum
In a Subletting Structure
The main tenant may change subtenant with the landlord's consent (art. 262 CO). The procedure is simpler as it does not involve modifying the main lease.
Practical Information for Flatmates in Geneva and Lausanne
| Practical Question | Answer |
|---|---|
| Maximum number of flatmates | No legal limit, but use must remain consistent with the lease |
| Tax domicile of each flatmate | Each may be domiciled there according to cantonal rules |
| Home insurance | Recommended for each flatmate (civil liability) |
| Shared rental deposit | May be paid proportionally by each flatmate |
| Termination in joint lease | All flatmates must sign the notice |
PBM Avocats assists you in the legal structuring of your shared housing, the drafting of an internal shared housing agreement and the resolution of disputes between flatmates or with the landlord. Our expertise in tenancy law in Geneva and Lausanne guarantees advice adapted to your situation. For any question about your lease agreement, do not hesitate to consult us.
Frequently Asked Questions About Shared Housing in Switzerland
In shared housing, is each flatmate responsible for the full rent?
It depends on the structure of the lease. If all flatmates are signatories to the same lease agreement (joint lease), they are in principle jointly and severally liable to the landlord for the full rent (art. 143 CO). The landlord may therefore claim the full rent from any one of the flatmates. Conversely, if each flatmate has concluded an individual lease with the landlord for their room, liability is limited to each person's share. The structure of the lease is therefore decisive for assessing financial risks.
How can a flatmate leave the shared housing before the end of the lease?
If all flatmates are signatories to a joint lease, one flatmate cannot leave alone without the agreement of the others and the landlord. They may propose an acceptable replacement to the landlord (solvent, of good character). If the landlord accepts, an addendum to the lease is concluded. If all flatmates refuse to regularise the situation, the departing flatmate remains bound by the lease and their joint liability. PBM Avocats recommends always formalising in writing any replacement agreement between flatmates and the landlord.
Is subletting a room in shared housing possible?
Yes, subject to the landlord's consent (art. 262 CO). The tenant (or flatmates) must obtain the landlord's prior written consent before subletting a room. The landlord may only refuse on specific grounds: the subletting conditions are abusive compared to the main lease, the subletting presents major disadvantages for the landlord, or the tenant refuses to communicate the subletting conditions. The landlord's unjustified refusal may be contested before the conciliation authority.
How to resolve conflicts between flatmates in case of problems?
Conflicts between flatmates (non-payment of a flatmate's share, nuisances, damage to the accommodation) are matters of private law between the flatmates themselves. If the flatmates are bound by an internal shared housing agreement, that agreement applies. In the absence of an agreement, the general rules of the law of obligations apply. The landlord is not a party to internal conflicts between flatmates — they only have a claim against the jointly liable flatmates. A well-drafted shared housing agreement prevents most of these conflicts.
May the landlord refuse a new flatmate proposed as a replacement?
The landlord may oppose the replacement of a flatmate if there are serious grounds: the proposed candidate is insolvent, does not provide sufficient solvency guarantees, or has a history of tenancy disputes. However, they cannot refuse arbitrarily or discriminatorily. If the landlord refuses a solvent and reputable candidate without valid grounds, the flatmates may contest this refusal before the conciliation authority. PBM Avocats assists you in these procedures.