In Lausanne, as in the rest of the canton of Vaud, shared tenancy is subject to the rules of the Swiss Code of Obligations. However, there are a number of local specificities that need to be taken into account, particularly with regard to rental conditions in a tight real estate market such as Lausanne’s. A shared tenancy agreement must clearly define the responsibilities of the tenants, both towards the landlord and towards each other. In Lausanne, it is common for roommates to sign a collective lease, under which all residents are jointly and severally liable for the payment of rent and utilities. In some cases, a single co-tenant may also sign the lease as the main tenant, with sub-tenants, but this model is less common. The City of Lausanne’s Service du logement et des gérances offers advice to help tenants manage their obligations and navigate the legal framework of shared tenancy.
The collective lease is a form of tenancy agreement in which all tenants are bound by the same document and share responsibility for the property. This model, although not cited as such in the law, is common in Lausanne and offers advantages such as a fair distribution of charges and a guarantee for the landlord that the rent is paid in full. However, it also has its drawbacks. In the event of non-payment by one of the housemates, the others may be required to make up the shortfall. Roommates must therefore be very careful in their choice of cohabitants. The main advantage of sharing a flat is that it divides the cost of rent, which can make access to housing easier in cities like Lausanne, where the property market is tight. However, the risk of solidarity can sometimes cause tensions between flatmates.
In a shared apartment, conflicts can arise for a variety of reasons: distribution of charges, use of common areas, non-compliance with the rules of the shared apartment, and so on. In Lausanne, several services are available to help tenants resolve these conflicts amicably. Mediation is encouraged before legal action is taken. The city of Lausanne also offers support services, such as the Office du logement, which can help roommates understand their rights and obligations. If mediation fails, housemates can appeal to the leasehold tribunals to resolve more serious disputes. These tribunals can rule on issues such as non-payment of rent or termination of the lease. However, it is often advisable to exhaust amicable solutions before going to court, as costs and delays can be substantial.
Tenants’ rights in Lausanne are defined by the lease contract and the Code of Obligations. Each tenant has the right to peaceful enjoyment of his or her apartment and common areas. They must also be consulted about any major decisions concerning the property, such as major repairs or changes to the lease. However, co-tenants are also required to assume certain obligations, such as payment of rental charges and compliance with the co-tenancy’s internal rules. In a collective lease, co-tenants are jointly and severally liable, which means that if one member fails to pay his or her share of the rent, the landlord can demand the full amount from the other co-tenants. This often prompts roommates to be more vigilant in their choice of cohabitants, and to formalize internal agreements to manage responsibilities.
The collective lease is a common way of regulating the shared-tenancy contract, particularly in Lausanne, where the rental market is tight. Under this type of contract, each tenant signs a single lease with the landlord, making them jointly liable for rent and charges. This means that if one of the tenants fails to meet his or her payment obligations, the others will have to compensate for his or her share. This model favors a fair distribution of costs, but it also imposes a shared responsibility that can generate tensions in the event of a disagreement or unexpected departure of a flatmate. As a result, it is often advisable to formalize a roommate agreement internally, specifying payment terms, management of utilities and responsibilities in the event of departure or financial problems. This agreement can help avoid many conflicts.
In the canton of Vaud, an individual tenancy agreement allows each tenant to sign a separate contract with the landlord. This approach is particularly appreciated for its flexibility, as each tenant is responsible only for his or her own share of the rent. So, if one of the housemates decides to leave, the others are not affected financially. However, this type of contract requires more complex management on the part of the landlord, who has to manage several contracts at the same time. What’s more, in large cities like Lausanne, this model is less common, as it is less secure for the landlord, who has to manage several tenants independently. However, the individual lease is an interesting option for flatmates wishing to retain a degree of financial and administrative independence.
Termination of a shared-tenancy contract, whether collective or individual, must comply with the rules of the Swiss Code of Obligations and the deadlines set out in the lease contract. In Lausanne, as elsewhere in Switzerland, the notice period is generally three months, unless otherwise stipulated in the contract. In the case of a collective lease, notice of termination must be given jointly, i.e. all co-tenants must agree to vacate the premises. In an individual lease, on the other hand, each tenant can terminate his or her own contract without affecting the others. It is essential that tenants respect the procedures laid down, in particular by informing the owner by registered letter and respecting deadlines to avoid additional costs. If a replacement is proposed, this must be accepted by the owner and the remaining housemates.
A change of flatmate is a common occurrence in flat-sharing, especially in large cities like Lausanne. In a collective lease, when a roommate leaves, he or she must find a replacement who is accepted by the other roommates as well as by the landlord. This replacement may involve a modification of the lease contract, especially if the new tenant does not meet the same financial conditions as the previous one. In an individual lease, the departure of one tenant does not affect the others, as each contract is independent. However, it is important to formalize the change in writing, and to ensure that the notice period stipulated in the initial lease contract is respected. In all cases, transparency is essential to avoid disputes with the landlord or between the remaining housemates.
Tenants’ rights and obligations
As elsewhere in Switzerland, flatmates in Lausanne have the right to peaceful enjoyment of the common areas of the property, including the kitchen, living room and outdoor areas. This right is guaranteed by the Code of Obligations and lease contracts. However, it is often advisable to formalize internal rules for the use and maintenance of common areas to avoid conflicts. Each flatmate must respect the rights of the other occupants and ensure that the space is left in a clean condition after use. In Lausanne, many landlords also require roommates to respect the building’s internal rules, such as quiet hours or rules for the upkeep of outdoor areas. Failure to comply with these rules can result in penalties ranging from a deduction from the security deposit to termination of the lease.
In a shared tenancy, the distribution of charges must be clarified from the outset of the contractual relationship to avoid subsequent conflicts. Shared utilities generally include heating, electricity, water and sometimes internet access. It is usual for these charges to be divided equally between the housemates, although other arrangements may be agreed, such as a split based on consumption or the size of the room occupied. It is often advisable to formalize this division in writing in an appendix to the shared-tenancy contract, to prevent misunderstandings. In the event of disagreement, flatmates can consult local tenants’ associations, such as ASLOCA, for advice on the fair management of charges. Good communication and transparency about costs can prevent many conflicts within a shared tenancy.
In a shared-tenancy contract, the co-tenants have clear obligations towards the landlord, particularly as regards payment of rent and respect for the rented property. In the case of a collective lease, the co-tenants are jointly and severally liable to pay the rent in full. This means that if one of the tenants fails to pay his or her share, the landlord can demand payment of the full rent from the other tenants. This principle also applies to damage management: each tenant can be held responsible for damage caused by another. In an individual lease, each tenant is responsible only for his or her own share of the rent and his or her own actions. In Lausanne, as elsewhere in Switzerland, it’s essential for roommates to respect the terms of the lease contract, and to inform the landlord of any major problems in the property. Failure to do so can result in termination of the lease and disputes with the landlord.
Co-tenants have a number of remedies available to them in the event of a dispute, either between themselves or with the landlord. In the event of an internal dispute, for example over the allocation of charges or the use of communal areas, it is advisable to seek an amicable solution, ideally with the help of a clear tenancy agreement defining the rules of cohabitation. If discussions fail to resolve the dispute, roommates can turn to mediation. In Lausanne, rental mediation services exist, offering neutral and rapid solutions to avoid legal proceedings. In the event of a dispute with the landlord (e.g., over the return of the deposit or damage to the property), tenants can take their case to the Tribunal des baux. This court is competent to settle disputes relating to lease contracts. Associations such as ASLOCA Vaud also offer legal advice and support to flatmates.
Termination of a shared tenancy in Lausanne follows the same general rules as in the rest of Switzerland, in accordance with the Code of Obligations. As a general rule, the notice period for terminating a lease is three months. In the case of a collective lease, notice must be given jointly, i.e. all co-tenants must agree to leave the property at the end of the lease. In an individual lease, on the other hand, each tenant can terminate his or her own contract without affecting the others. It is imperative to respect the notice period and to formalize the termination in writing, generally by registered letter addressed to the landlord. If a flatmate wishes to leave before the end of the lease, it may be necessary to find a suitable replacement for both the landlord and the remaining flatmates, to avoid financial penalties.
When one of the housemates decides to leave, several obligations apply. If the contract is a collective lease, the departing roommate must generally find a replacement who meets the landlord’s requirements and is accepted by the remaining roommates. In an individual lease, the departure of one tenant does not affect the others, but the outgoing tenant must respect the notice conditions and ensure that all utilities and rent are up to date before leaving. In Lausanne, it’s common practice for the departure of a flatmate to be formalized by an exit inventory, to ensure that the accommodation is in good condition and to prevent any disputes when the deposit is returned. Failure to comply with these obligations can lead to disputes with the landlord or other tenants.
A lease transfer is a procedure that allows a new tenant to take the place of an outgoing tenant. In Lausanne, this procedure is commonplace, especially in the case of a collective lease. The outgoing tenant must propose a replacement, who must be accepted by the landlord and the other tenants. The lease transfer must be formalized in writing, usually in the form of an appendix to the initial lease contract, and the new tenant must meet the same financial conditions as the outgoing tenant. This formalization ensures that the landlord retains the same financial guarantees, and that the remaining co-tenants are not affected by the departure of the outgoing co-tenant. In the case of an individual lease, the procedure is simpler, as each contract is independent and the lease transfer only affects the tenant concerned.
Case law in Switzerland, and in Lausanne in particular, has clarified a number of important points concerning the termination of shared leases. For example, the courts have ruled that the landlord cannot refuse a replacement proposed by an outgoing flatmate without a valid reason. In addition, the courts have specified that failure to respect notice periods may result in certain penalties for co-tenants. Recent rulings have also confirmed that co-tenants can be held jointly and severally liable for the payment of rent in the event of the departure of a co-tenant without a replacement. These rulings underline the importance of formalizing every stage in the termination and transfer of a lease, to avoid disputes with the landlord or between co-tenants.
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