A complete guide to renting as a couple

Are you looking to take the plunge and move in together? You have two options. Either you move into your partner’s home or vice versa, or you look for an apartment to rent jointly. Here’s everything you need to know before going ahead.

Moving in with your partner

Are you thinking about moving in with your partner, but are concerned because their lease only mentions one person’s name? You shouldn’t worry because the number stated in the lease is only indicative. The landlord cannot prevent you from moving in and cannot require you to sign a new lease. That said, if the prior lease remains in force, only the signatory is considered as the tenant. Your partner is the only person able to assert their rights and equally, they are the only person responsible for paying the rent.

If you are married or have entered into a recognised partnership, you will have certain rights as a tenant, even if your name does not appear on the lease.

Renting an apartment jointly as a couple

If you opt for a joint rental, both of you are tenants with equal rights and obligations. You will be named on the lease as joint parties. The consent of both tenants is required for it to be terminated.

The situation may get complicated if you split up. Both tenants are jointly and severally responsible for paying the rent. If one of you keeps the apartment without the lease being amended, the landlord may claim any unpaid rent from the partner who has left.

As a result, you need to agree an amendment with the property management firm if one of you wants to keep the apartment. Of course, the property management firm has to agree to this.

Cohabitation agreement

An unmarried couple may also opt for a cohabitation agreement, also referred to as a “registered partnership”, when renting an apartment together. This is a common practice with a property purchase, but there’s nothing to stop you applying it to a property rental. The agreement states which of you is the principal tenant and how you have decided to divide up the rent bill between you. Lastly, it lays down which of you will be able to retain the lease if you split up.

The law does not impose any obligations on cohabitees with regard to property rentals. As a result, we advise you to set out in writing the rules governing your shared living arrangements, even though that’s probably not the most romantic thing you will ever do. It could turn out to be very helpful if you end up in a dispute or split up.

Conversely, the situation for married couples is laid down in law.

A married couple’s main residence

When the lease covers a married couple’s main residence, it cannot be terminated without the agreement of both spouses, even if only one of them signed it initially.

The main residence is a family home for the entire duration of the marriage, during the divorce procedure and until the separation has become full and final.

If you have both signed the lease, you will remain jointly responsible tenants, even if one of you were to leave the home.

In the event of a dispute, the judge may intervene and decide who will keep the property or to terminate the lease, for example.

In the event of a dispute, the judge may intervene and decide who will keep the property or to terminate the lease, for example.

If you want to rent a property, either alone, as a joint rental or as a couple, you need to get together the right rental documents for the landlord or the property manager.

Irrespective of the canton in which the property you are looking for is located, the rental documents you submit must give the landlord confidence in your status and your ability to pay.

The rental documentation must state the contact details, professions and income of both of the couple with all the documentation substantiating these details (payslips, certificate from the debt collection register, copies of ID documents, employment agreement, etc.)

Once you have secured the apartment, you will be asked for a rental guarantee. It will amount to no more than three months’ rent and is used to guarantee payment of your rent in the event of a problem upon handing back the property.

You can opt for a bank guarantee in which you tie up the equivalent of three months’ rent for the entire duration of the lease. Alternatively, you can arrange the SwissCaution rental guarantee to avoid locking up your money and instead paying an annual premium.