Co-Living & Shared Room Agreement (Switzerland)
A Swiss co-living and shared-flat agreement giving each resident a private room plus shared communal areas. Covers joint versus several liability, shared bills, house conduct and subletting rules.
What's included
- Private room plus shared communal areas
- Joint versus several liability options
- Shared bills and cost-splitting method
- Deposit within the Swiss legal cap
- House conduct and cleaning rota
- Subletting and replacement-tenant rules
- Notice and departure terms
- Signature block for all residents and landlord
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๐จ๐ญ Local law notes โ Switzerland
Swiss flat-shares (Wohngemeinschaften) are residential tenancies under the Code of Obligations, so the three-month deposit cap in a blocked account (Art. 257e OR) and the minimum three-month notice for dwellings (Art. 266c OR) apply. The key structural choice is joint-and-several liability under one lease versus separate room leases โ this determines whether a resident can be pursued for the whole rent. Subletting requires landlord consent that cannot be unreasonably withheld (Art. 262 OR). Multi-occupancy properties must also meet cantonal and municipal housing, fire-safety and any registration rules.
Inside the document
1. Parties and Property
This Agreement covers a flat-share (Wohngemeinschaft / WG) in which each resident (Mitbewohner) has a private room and shares communal areas. It is a residential tenancy under the Swiss Code of Obligations (Art. 253 ff. OR).
2. Room and Shared Areas
Each resident has exclusive use of their allocated private room and shared use of kitchen, bathrooms, living room and other communal spaces.
3. Liability Structure
The parties select either (a) a single joint lease with joint and several liability (Solidarhaftung) for the whole rent, or (b) separate room leases with the landlord where each resident is liable only for their own room. The selected option is stated in the schedule.
4. Rent and Shared Bills
Rent and ancillary charges (Nebenkosten) are payable as stated. Shared bills such as electricity, internet and consumables are split among residents by the agreed method (equal shares or by room), with a nominated resident responsible for collecting and paying providers.
5. Deposit
Any deposit is capped at three months' rent and held in a blocked bank account in the tenant's name under Art. 257e OR.
6. House Conduct
Residents keep communal areas clean, follow any cleaning rota, respect quiet hours and show consideration to co-residents and neighbours (Art. 257f OR).
7. Changing Residents / Subletting
Replacing a resident or subletting a room requires the landlord's consent, which may not be unreasonably withheld (Art. 262 OR). For furnished sublets the rent charged to a subtenant should not abusively exceed the head-rent share.
8. Notice and Departure
The statutory residential notice of at least three months to a local termination date applies to open-ended leases (Art. 266c OR for dwellings), using the required form (Art. 266l OR). Departing residents in a joint lease remain liable until validly released or replaced.
Frequently Asked Questions
What is the difference between joint and several liability in a Swiss flat-share?
Under a single joint lease with joint and several liability (Solidarhaftung), each resident can be pursued for the entire rent. With separate room leases, each resident is liable only for their own room. The safer option for residents is separate leases.
Can I sublet my room in a Swiss WG?
Yes, with the landlord's consent, which cannot be unreasonably refused under Art. 262 OR. You must disclose the sublet terms, and the sublet rent should not abusively exceed your share of the head-rent.
What notice applies to a shared flat in Switzerland?
For open-ended residential leases the statutory minimum is three months to a local termination date under Art. 266c OR, given on the prescribed form. In a joint lease, all joint tenants normally have to give notice together.