Student Housing Agreement (Switzerland)
A Swiss-law residential room agreement for students renting for a semester or full academic year. Covers term, deposit, guarantor, house rules and joint tenancy in line with the Swiss Code of Obligations.
What's included
- Fixed academic-year or semester term with defined start and end dates
- Deposit clause capped at Swiss legal maximum in a blocked account
- Guarantor / co-signer (Solidarbürge) undertaking
- House rules covering noise, quiet hours and guests
- Vacation-period occupancy and storage terms
- Joint and several liability for shared flats
- Utilities and internet cost allocation
- Signature block for tenant, guarantor and landlord
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🇨🇭 Local law notes — Switzerland
Swiss student room lettings are ordinary residential tenancies under the Code of Obligations (OR, Art. 253 ff.), so tenant protections apply. The deposit is capped at three months' rent in a blocked account (Art. 257e OR), and a guarantor's undertaking must meet the written/notarised form of Art. 493 OR. Rent and termination disputes go first to the cantonal conciliation authority (Schlichtungsbehörde). Fixed-term leases end automatically but early exit generally requires an acceptable replacement tenant (Art. 264 OR).
Inside the document
1. Parties and Property
This Agreement is made between the landlord (Vermieter) and the student tenant (Mieter), for the room and shared facilities at the stated address. It is a residential tenancy governed by the Swiss Code of Obligations (Obligationenrecht / Code des obligations, Art. 253 ff. OR).
2. Term
The tenancy runs for the fixed academic term stated (semester or academic year). A fixed-term lease (befristetes Mietverhältnis) ends on the agreed date without notice; any early departure requires a suitable replacement tenant acceptable to the landlord, per Art. 264 OR.
3. Rent and Charges
Monthly net rent (Nettomiete) plus ancillary charges (Nebenkosten) for heating, water and shared utilities are payable in advance. Ancillary charges must be itemised or billed on account with annual statement, per Art. 257a–257b OR.
4. Deposit (Mietzinskaution)
The security deposit may not exceed three months' rent and is placed in a blocked bank account in the tenant's name, per Art. 257e OR. It is released after the room is returned in proper condition and all sums are settled.
5. Guarantor / Co-Signer
A parent or third party signs as guarantor (Solidarbürge) for rent and damages. The guarantee is subject to the form requirements of Art. 493 OR; for private individuals it must be in writing and, above statutory thresholds, publicly notarised.
6. Use and House Rules (Hausordnung)
The room is for residential study use by the named student only. The tenant observes the house rules, including night-time quiet hours (Nachtruhe), waste separation, and respectful use of shared kitchen and bathrooms.
7. Behaviour and Consideration
The tenant shows due consideration to housemates and neighbours (Art. 257f OR). Serious or persistent breach after written warning entitles the landlord to terminate on 30 days' notice to month-end.
8. Vacation Periods
Rent remains payable during term-time vacations unless a shorter term is agreed. Belongings may remain in the room during the fixed term; the landlord does not re-let the room during agreed vacation absences.
Frequently Asked Questions
What is the maximum deposit a Swiss student landlord can ask for?
No more than three months' rent, and it must sit in a blocked bank account in the student's name under Art. 257e of the Swiss Code of Obligations. Anything above three months is unenforceable.
Can I leave a fixed-term student lease early in Switzerland?
A fixed-term lease normally binds you until the end date. You can exit early only by proposing a solvent, acceptable replacement tenant willing to take over on the same terms, under Art. 264 OR.
Does my parent's guarantee need to be notarised in Switzerland?
A private guarantee (Bürgschaft) must be in writing, and above the statutory amount threshold it must be publicly notarised to be valid under Art. 493 OR.