The Lease

Tenancy law is regulated differently in each country. Since roomtake is an intermediary platform for shared flat rooms in Switzerland, the explanations in this section deal only with Swiss tenancy law.

This is regulated in the Swiss Code of Obligations (CO) from Art. 253 onwards. By clicking on the following link, all legal articles in connection with tenancy law can be called up:

The Lease: Code of Obligations

The rights and obligations of landlords and tenants are also laid down in the general provisions. The most important obligation for tenants of shared flat rooms is to pay the rent and the heating and ancillary costs. The rent is to be paid monthly. If the renter defaults on payment, the landlord can grant a further payment period of 30 days. If the tenant still does not pay the rent after this period, the tenancy can be terminated. 

In order to reduce the risk of financial loss on the part of the landlord, collateral is typically requested from the tenant. The renter must deposit up to three months' interest on a rent deposit account, which can only be dissolved by the bank with the mutual consent or with a valid legal judgment. The security also serves the lessor in the event of careless use of the residential premises and excessive wear and tear. Because every tenant has a duty of care. If defects are discovered, the renter must report these to the owner immediately and must tolerate the removal of the defects. However, if these are not removed within a reasonable period, the renter has the right to terminate the lease. Small defects which have to be repaired by the tenant himself are excluded from this. Changes and renovations to the rented property generally require the tenant's consent. 

If a flatmate rents an apartment and wants to rent out individual rooms to other residents, this falls under the so-called subtenancy. As a tenant one has to inform the landlord about these conditions of the contract of subtenancy. The landlord can only refuse a subtenancy if these conditions turn out to be abusive, if he is not informed about the subtenancy or if he suffers disadvantages as a result.

In the case of a fixed-term lease, this ends on the fixed date. In the case of open-ended contracts, the periods of notice must be observed. The typical period of notice for apartments is three months, for furnished rooms two weeks to one month. Extraordinary reasons for termination are regulated in the Swiss Code of Obligations.