Renting as a couple or as flatmates: who is responsible for what?
Starting a flatshare or moving in together as a couple means signing an agreement that will be valid for years. Whether your name is on it determines the rent, liability and termination. Comparis provides an overview of the three types of tenancy agreement and their implications.
25.09.2026
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1. Joint tenancy agreement, subletting or individual tenancy agreements: the three options
Swiss tenancy law has no specific rules for shared flats. There are therefore various options for how you can arrange the tenancy agreement. At its core, it always comes down to the question: Who signs the tenancy agreement with the landlord?
| Contract option | Who signs? | Who is liable for the rent? | Who gives notice? |
|---|---|---|---|
| Joint tenancy agreement (joint and several liability for rent) | all occupants | all for the entire amount | only all together |
| Main tenancy with subletting | one person with the landlord, the others with this person | the main tenant alone | the main tenants for the main tenancy agreement, the subtenants for their subtenancy agreement |
| Individual agreements per room | each person for themselves | each person for their room | each person for themselves |
The solidarity rent (joint tenancy agreement) is the usual flatshare tenancy agreement. Landlords require it because they can then hold several people liable can.
In the case of subletting the main tenant needs the consent of the landlord (Art. 262 Swiss Code of Obligations). They may only refuse consent if the sublet is overpriced is, causes them disadvantages or if they are not informed of the conditions. According to the Tenants’ Association, anyone who does not sign but pays rent is automatically a subtenant.
Individual agreements per room are rare. They are found, for example, in student halls of residence, where the landlord selects the flatmates themselves.
Good to know: Married couples and registered partnerships are protected, even if only one person has signed. The landlord must send the notice of termination to both. For couples in cohabitation this protection does not apply. Anyone who is not named in the contract has, in the event of a separation, no right to the apartment.
What else couples need to organise is set out in the checklist for your first apartment together.
2. What does joint and several liability mean?
If several people sign the same tenancy agreement, they are jointly and severally liable jointly and severally. Each person is then jointly and severally liable party (also referred to as a joint and several tenant in tenancy law). The landlord may demand the entire rent from any one of the tenants Whoever paid the other shares must reclaim the money internally reclaim the money.
Example: Three people share an apartment for CHF 2,400 per month, each paying CHF 800. From April onwards, one person stops making any payments. The landlord does not have to send her a reminder first and wait for CHF 800. They can choose one of the other two people and demand from them the full CHF 2,400 from them. This applies every month, until the contract ends.
The same applies to damage at the apartment handover. Who caused the scratch on the parquet flooring is irrelevant is irrelevant.
Joint and several liability ends only when the contract ends. Anyone who moves out without the contract being amended remains liable. This also applies to rents that remain unpaid until years later.
There are two things that solidarity tenants may do on their own: one contest a notice of termination and contest a rent increase. The Federal Supreme Court justifies this with social protection. However, the other co-tenants must be included in the proceedings.
Comparis tip: Set out the shared flat rules in writing before you move in. These include: the share per person, who pays the deposit, what happens to it when moving out and what notice period between flatmates applies between you. The rental deposit belongs to the person who paid it in. Therefore, pay into separate deposit accounts if the bank offers this option.
3. When does the landlord require a guarantee?
The landlord will require a guarantee if the income is not sufficient for the rent. This is typically the case for students, apprentices and people who are new to Switzerland. The guarantor is usually family members who pay outstanding rent and damages if the tenants default.
The guarantee is added to the rental deposit or replaces it. The deposit may not exceed three months’ rent.
Joint and several guarantee or simple guarantee
The tenancy agreement almost always includes a joint and several guarantee under Art. 496 CO. The difference from a simple guarantee lies in the timing. From when can the landlord make a claim against the guarantor?
| Joint and several guarantee | Simple guarantee | |
|---|---|---|
| Recourse to the guarantor | as soon as the tenants have been reminded and do not pay | only after the tenants have been declared bankrupt or have received an official notice of loss |
| Usual form in tenancy law | Yes | rare |
The law protects guarantors with strict formal requirements (Art. 493 CO):
The declaration must be in writing and specify a maximum amount in CHF. Without a maximum amount, it is invalid.
If the maximum amount exceeds 2’000 francs, a certification by a notary at the notary’s office.
If the guarantor is married, the spouse must give their consent in writing.
If any of these requirements are not met, the guarantee is void (legally invalid).
Good to know: Joint and several liability and guarantees are often confused. Jointly and severally liable parties are tenants: They live in the apartment, pay rent and give notice jointly. Guarantors do not live do not live there, have no say and are only liable only up to the maximum amount.
4. Changes in occupants: How to avoid liability
With a joint tenancy agreement, moving out alone is not enough. As long as your name is on the contract, you are liable. There are three ways to get out of the contract:
Addendum to the rental agreement: The landlord releases you in writing and accepts the new person. This is the usual way. The landlord does not have to agree: they will vet the new person like any other applicant.
New tenancy agreement: Everyone gives notice together, and those who are staying conclude a new contract with the new tenant. Attention: In doing so, the landlord may set a new rent.
New tenant for the entire contract: If no one wants to stay, propose a financially solvent, reasonable new tenant (Art. 264 CO). The contract then ends early for everyone.
In the case of subletting switching is easier: The subtenant gives notice, the main tenant looks for a replacement and informs the landlord. If the main tenant moves out themselves, all sublease agreements end with. Anyone who wants to stay needs a new contract.
Comparis tip: In the addendum, set out three points in writing:
The Date, from which the departing person is no longer liable
The repayment of their share of the deposit
The assumption of joint and several liability by the new person
Without a date, if in doubt, you remain liable until the next apartment handover continue.
5. Termination is only possible together: how to dissolve a shared flat
In the case of a joint tenancy agreement, all co-tenants must sign the notice of termination. If only one person gives notice, the termination is invalid. The landlord may ignore it, and the tenancy agreement continues.
The notice period for cancelling is at least three months to a regular local date. Send the notice of termination by registered post. The date that counts is the day on which it arrives at the landlord’s premises, not the postmark.
If the landlord gives notice, they must use the official form and address the notice of termination to all co-tenants If one person is missing, the termination is contestable.
If one person wants to stay and the other wants to leave, this is not a case for termination, but rather a change of flatmate as described in Chapter 4. If the flatmates cannot agree, the conciliation authority.
Good to know: When vacating an apartment, joint and several tenants are jointly liable for all damage, including for those of flatmates who have already moved out . Record the condition of the property when you move in in the handover report and take photos of each room.
6. Which insurance do you need in a shared flat?
(Not required by law, but required by many landlords)
The personal liability insurance pays Tenant damage such as scratches on the parquet floor or water damage in the flat below. Cohabiting couples can take out a joint policy take out. Occupants who are not related are not usually insured under a joint policy. Each person needs their own own personal liability insurance.
Premiums for personal liability insurance vary from insurer to insurer significantly.
(Depending on the canton mandatory or voluntary)
Home contents insurance covers Your own belongings in the event of fire, water damage and burglary. In a shared apartment, each person insures their own household contents. Furniture bought together should be listed on a List, which records who owns what.
(Optional alternative to a blocked account)
Instead of up to three months’ rent into a blocked account, with rental deposit insurance you pay an annual premium. With a rent of 2,400 francs, this leaves up to 7,200 francs available. The landlord must agree be.
(Optional)
In the event of a dispute with the landlord over the deposit or the handover of the apartment, a legal protection insurance policy with tenancy law cover the attorney’s fees. Disputes among flatmates are usually not covered.
7. FAQs about tenancy agreements for couples and flatshares
For unmarried couples: Yes. If you are not named in the tenancy agreement, you have no right to the apartment. The law protects married couples even without a second signature. The price for both signatures is the joint and several liability.
A person who, together with others, is liable for the same debt. Under tenancy law, these are all those who have signed the same contract have. The landlord may demand the full rent from each individual person.
In the case of a joint tenancy agreement, the landlord may demand the entire amount from any person. In the case of a sublet, the main tenant bears the risk alone. If you pay for others, you can reclaim the money, if necessary by means of debt collection procedure.
Only jointly. All co-tenants must sign the same notice of termination, by registered post, three months before the termination date. A notice of termination with only one signature is invalid.
You are solely liable to the landlord alone, even if a subtenant does not pay. Conclude a written sublease agreement with each person. Obtain the consent of the landlord before anyone moves in.
Yes. From a legal standpoint, any house/apartment share without marriage or a registered partnership is a shared flat, including cohabiting couples. The same rules apply.
Tenancy agreement, rental deposit and moving in
This guide is part of Step 1 «Review and sign the tenancy agreement». In the overview, Comparis shows all the steps from the tenancy agreement to moving into the new apartment.
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This article was first published on 25.09.2026