Guest Occupancy Agreement (Switzerland)
A Swiss guest occupancy agreement for hosting someone in your home or property without granting a protected tenancy. Covers permitted length of stay, house rules and liability.
What's included
- Non-tenancy guest occupancy framing
- Permitted maximum length of stay
- House rules and shared-space conduct
- Contribution to costs (not rent)
- Liability and insurance note
- Ending the arrangement on short notice
- Guest belongings and access
- Signature block for host and guest
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🇨🇭 Local law notes — Switzerland
A guest sharing the host's own dwelling without an exclusive independent unit is generally a permission to occupy, not a protected tenancy, so the security-of-tenure rules of the Code of Obligations do not apply. Swiss courts characterise the arrangement by its substance: exclusive use of self-contained space for regular payment risks being reclassified as a tenancy, triggering mandatory deposit and notice protections. Keep any payment framed as a genuine cost contribution rather than rent. Personal data must be handled under the revised Federal Act on Data Protection (nFADP).
Inside the document
1. Parties and Premises
This Agreement is between the host (Gastgeber) and the guest for personal occupation of accommodation within the host's home. It is a permission to occupy and is not intended to create a residential tenancy or security of tenure under Art. 253 ff. OR.
2. Nature of the Arrangement
The guest occupies by the host's permission. Where the host shares the same dwelling and the guest has no exclusive independent unit, the arrangement is closer to a precarious or gratuitous accommodation than a protected tenancy. The actual living situation determines the legal characterisation.
3. Permitted Length of Stay
The stay is for the stated period and may not exceed the stated maximum. Any extension requires the host's written agreement.
4. Contribution to Costs
Any agreed contribution toward utilities, food or household costs is a cost-sharing contribution, not rent, and does not by itself convert the arrangement into a tenancy.
5. House Rules
The guest follows the host's house rules, including quiet hours, cleanliness, guests-of-the-guest, smoking and use of shared kitchen and bathroom. The guest treats the home and its contents with care.
6. Rooms and Access
The guest uses the room and shared areas designated by the host. The host retains access to all parts of the home and does not grant the guest exclusive control of the premises.
7. Liability and Insurance
The guest is responsible for damage they cause. The guest is advised to hold personal liability insurance (Privathaftpflichtversicherung). The host's household insurance does not cover the guest's personal belongings.
8. Ending the Arrangement
As this is not a protected tenancy, either party may end the arrangement on reasonable short notice as stated, or immediately for serious misconduct. The guest removes their belongings and returns keys on departure.
Frequently Asked Questions
Can a guest in my Swiss home gain security of tenure?
If the guest shares your dwelling and has no exclusive, independent unit, it is usually a permission to occupy rather than a protected tenancy. But if you grant exclusive use of self-contained space for regular payment, a court may find a tenancy under the Code of Obligations.
Is a cost contribution the same as rent in Switzerland?
Not necessarily. A genuine share of household costs is not the same as rent. However, a fixed monthly sum for exclusive use of a room can look like rent, so keep the arrangement clearly one of shared living.
How much notice must I give a guest to leave in Switzerland?
For a genuine non-tenancy guest arrangement, reasonable short notice as agreed is usually sufficient. If the situation actually amounts to a tenancy, statutory notice periods and form requirements under the Code of Obligations apply instead.