Termination of a shared tenancy: who is responsible for finding a co-tenant?

Whether you have signed a shared tenancy lease between students or spouses, terminating this type of contract is subject to specific rules, particularly with regard to finding a replacement co-tenant. The tenant who wishes to leave the property before the lease’s end date must propose a solvent candidate to the property owner.

Shared tenancy and contract termination: what are the responsibilities of co-tenants?

On rental agreements, several people can be listed as joint tenants. However, this implies that joint tenants are jointly and severally liable vis-à-vis the property owner. Concretely, if the latter does not receive all the rental amounts owed, they can demand them from the co-tenant of their choice, even if the latter has already paid his share. In the context of a flat share and a lease termination, this principle remains. In the same way that a tenant leaving before the agreed termination date must find a replacement tenant to take over the lease, a roommate is also required to look for a replacement co-tenant.

Who is required to find a co-tenant when terminating a shared tenancy?

In the event that only one of the co-tenants wishes to leave the occupied property, it is in fact up to them to find a replacement. The latter must be solvent and accept the conditions of the contract. However, the other co-tenants are also responsible for this quest. For this purpose, SherlockHomes can greatly facilitate the process by publishing a listing which is both free of charge and widely distributed. The remaining co-tenants can also propose not to replace the outgoing tenant. The property owner will then have to draft a lease amendment or an entirely new shared tenancy lease. However, be careful, the remaining tenants must be able to prove that they have sufficient financial means to pay the rent without the departing co-tenant. If all the joint tenants decide to terminate the lease, they will be required to propose one or more tenants with a combined income that is at least three times higher than the rent required.

What are the risks of not looking for a co-tenant wishing to end their shared tenancy lease?

In Switzerland, the law requires the tenant to continue to pay the rent even if they have left the apartment. This is required until the lease’s official termination date. To be released from a shared tenancy contract, finding a replacement co-tenant is therefore essential. Note that if the property owner refuses a replacement tenant that can provide all the necessary guarantees, the current co-tenant will be released from their obligation to pay the rent. However, if co-tenants return the keys to an apartment without having a solvent candidate ready to take over the lease, the property owner has the right to ask the remaining tenants to pay any outstanding rents.

This article cannot be considered exhaustive and does not engage the responsibility of its author.