Overcrowding in tenancy law: how many people is too many for one apartment?
If an apartment is overcrowded, this means there are more people living in it than appropriate to the size of the dwelling, its fit-out or the standard of residential living. It is not uncommon for people to wonder how many people are allowed to live in their apartment, whether they can take in guests over an extended period and what consequences overcrowding has for them. We can shed light on the question.
When is an apartment in Switzerland considered overcrowded?
Overcrowding – apart from the obvious lack of space – can lead to stress, limited privacy and hygiene problems. Overcrowding of rental properties can become an issue, particularly in large cities, due to a housing shortage or when finances become tight. But how is overcrowding defined in Switzerland?
According to Swiss law, we can apply the following rule of thumb:
Overcrowding = Number of people > Number of rooms + 2
It should be noted that this is merely a guide. It is also important to consider whether only adults live in the rental property, or adults with children. Beyond that, orderly living conditions are considered necessary for harmonious coexistence.
- No more than two people are allowed per bedroom.
- Bunk beds can accommodate up to three children per bedroom.
- Children should be able to have separate bedrooms, depending on their age.
If people have to sleep on the sofa in the living room or even on mattresses in the hallway, this definitely indicates overcrowding.
Assessment and consequences of overcrowding
Overcrowding can sometimes cause local authorities headaches. The fact that there are too many residents crammed into a small living space is often the least of the problems. Overcrowding rarely comes on its own: complaints about noise, untidiness and constant comings and goings can test the patience of other tenants. Other points of contention arise from any incorrect use of the facilities or half-hearted measures to dispose of waste.
Overcrowding must be assumed if the available living space is not sufficient for every adult and every child. As this principle is very vague, an assessment must be made on a case by case basis and depending on the fit-out of the apartment. In Switzerland, there is no clear rule that states when an apartment is overcrowded. This is why courts have had to decide the matter on numerous occasions.
How much living space is considered standard?
According to the Federal Statistical Office, in 2023, the average living space per person was 46.5 m2. This is an average for the whole of Switzerland. A look at the figures for the individual cantons reveals that Geneva uses the least amount of living space per person at 37.5 m2, while the cantons of Appenzell Innerrhoden and Ausserrhoden have the highest figures at 52 m2 per person.
What happens if tenants’ life circumstances change?
Temporary overcrowding is often tolerated by local authorities. The only thing to note is that the guests must adhere to the house rules and the neighbours must not feel disturbed by them. If they do, the authorities can intervene.
The situation is quite different in the case of overcrowding that is likely to be long-term, which can quickly come about, say, if tenants’ life circumstances change. Major changes should definitely be looked at in more detail. The limits of overcrowding are a matter of discretion. Landlords should definitely consider the welfare of all their tenants when assessing this and take action if necessary.
Subletting or a new addition to the family – what’s allowed?
Subletting
First of all, landlords are only obliged to tolerate people in the apartment who are listed in the rental agreement. An exception to this rule is subletting that you have approved, in particular short-term lettings via online platforms.
The landlord may only reject subletting in the following cases:
- Tenants do not disclose the terms of subletting.
- The subletting is improper, for example if the tenants make a profit from the subletting.
- This results in serious disadvantages for the landlord.
Change in family circumstances
What about the expansion of a family as a result of a life partnership, marriage or childbirth that leads to overcrowding? In that case, tenants very rarely need to worry that their tenancy may be terminated. But it is still important in this situation that the house rules are respected. If tenants wish to take in close family members, they can fundamentally only do so within the limits of contractual use.
Landlords have these options in the event of overcrowding
In the event of overcrowding, landlords can take various approaches. To prevent overcrowding in the first place, they also have the option of setting a maximum occupancy rate in the rental contract.
Specifying the maximum occupancy in the rental contract
To avoid overcrowding, a maximum occupancy should be clearly communicated in the rental contract.
Important: the indication “Number of persons: two” is not sufficient as a specification in the rental contract. It must be explicitly stated that no more than two persons may live in the apartment. This contractual provision does not apply if a child is born.
Adjustment of ancillary costs or rent
Termination of a tenancy is very unusual, especially for unproblematic tenants who have always taken their obligations seriously and always maintained a good relationship with the landlord. Adjusting ancillary costs or rent by mutual agreement can be an alternative to termination.
Termination of tenancy due to overcrowding
Termination due to overcrowding can only be considered if the landlord suffers significant disadvantages as a result of the change. Whether these disadvantages exist must be examined thoroughly –after all, a higher number of inhabitants always leads to certain disadvantages: It can lead to increased wear and tear or increased water consumption, for example. The decisive factor, however, is the materiality of the disadvantage.
Termination should be objectively understandable. This is particularly relevant if there is actual overcrowding. The size of the rental property – regardless of contractual agreements – should be taken into account when assessing overcrowding.
Example: A partner moving in or the birth of a child does not necessarily lead to a worrying level of overcrowding in a studio or two-room apartment for an individual. However, if a studio apartment is very small, even just one more person may be considered overcrowding. Whether overcrowding is permissible as a reason for termination very much depends on the individual case in question.
Does the landlord need to be notified about guests?
Maintaining personal and social contacts in a rented apartment is part of the right of use. Visitors can stay overnight in rental properties without any restrictions. The landlord’s consent is not required. Even if guests are visiting for an extended period of time, there is no upper limit on the length of stay.
Tenants also have the option of letting good friends use their apartment when they’re on holiday. As long as they do not pay for the use of the apartment, they are guests and not subtenants. The landlord cannot intervene in that case either. Even if the tenants are not present. The only thing to note is that guests must adhere to the house rules.
Taking in refugees
Providing temporary accommodation to refugees free of charge is generally considered a loan for use rather than a sublet. This means you usually do not need your landlord's prior consent. However, to keep things transparent, it's recommended that you let your landlord know.
