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Definition flat sharing community, flatmate

If more than one tenant rent a commercial or a residential premise, each is a co-tenant, for example:

  • Spouse or registered partner
  • Concubine
  • Business partners
  • Simple partnership
  • Board member signs with his company
  • Community of heirs

Co-tenants can be individuals or legal entities.

Distinction from a simple surety

If a person signs the lease as a co-tenant without any intention of occupying the premises himself/herself, he/she is a simple surety and not a co-tenant.

Financial advantages

If two persons sign a lease, each is responsible for paying the full rent and incidental expenses, it is an advantage to the landlord. Sharing costs can be beneficial for co-tenants.

Internal and external relationship

Co-tenants have an internal and external relationship. In an internal contract, they can agree about each other's shares of the rent. The landlord is not bound to the settlement of internal relationships. In the external relationship with the landlord, the flatmates act jointly and severally, i.e. each is liable for all the obligations of the community. A representative may be appointed by the flatmates and the landlord must be informed.

Common obligations

For example, it requires unanimity:

  • The challenge of the initial rent
  • Contesting a rent adjustment
  • The request for a sublease
  • Lease termination
  • The early return of the premises

All co-tenants must sign or designate an representative authorized to act on behalf of all.

The inventory of fixtures at the entrance and the handing over of keys must be signed by all or by the representative who is in favour of a power of attorney.The lessor may ask all or one of the co-tenants of his choice for the rents, charges, incidental expenses and damages. A flatmate who makes a payment for all may claim their share from them internally. But each can, for example, inform the landlord of a defect or carry out minor work without the agreement of his co-tenants. A roommate who causes damage must pay the internal costs.

Separation or replacement of a roommate

A co-tenant may only leave the flat share or be replaced by another roommate with the agreement of his or her co-tenants and the landlord. It is not enough to leave the premises to escape obligations.

Obligations of the lessor

Must be notified to all roommates:

  • Threat of terminaton for non-payment of rent
  • Termination of the lease
  • Rental agreement change notice

Dispatch in a sigle envelope is sufficient if it is not a family dwelling.

 

 © Written and translated by Esther Lauber, Real Estate Trustee with Advanced Federal Diploma of Professional Education and Training, real estate manager
Legal terms taken from the portal of the Swiss goverment (Swiss laws), partly translated from French to English with DeepL, in case of doubt, the French or Germain version should apply

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