Renting housing as a sublet
Hyra bostad i andra hand - Engelska
If you rent a single-family house, a co-op apartment, owner-occupied apartment from another private person, or a single room in the home of someone, the Private Subletting Act is applicable. The person you rent from is termed your landlord.
Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
Have you instead rent a rental apartment?
If you have rent a rental apartment from an other private person different rules apply.
Important to know
You can never insist on an extension of the rental contract unless the landlord agreeing to it.
You are responsible for looking after the rented home. If you have caused damage to the rented property, the landlord can require you to pay compensation.
The amount of rent charged must be reasonable.
Notice of moving out
The general rule is that a landlord party must give the tenant three months’ notice in advance of their intention to terminate the tenancy. This means that if the landlord wants you to move out by the end of June, the landlord must inform you of the intended termination of the tenancy by the end of March.
If you decide to terminate the tenancy and move out, you have an obligation to give one month’s advance notice. The end of the notice period is at the end of the month that is at least one month after the notice is given. Examples of a notice period
The landlord gives notice on 12 August of the intent to terminate the tenancy. The tenancy then terminates on 30 November.
The tenant gives notice on 12 August of the intention to terminate the tenancy. The tenancy then terminates on 30 September.
You cannot insist that the lease agreement be extended
You do not have the right to have your lease agreement extended against the landlord’s wishes if you rent a property from another private person, regardless of how long you have lived there. If the landlord gives notice of intent to terminate the tenancy, you are under an obligation to move out at the end of the notice period.
Reasonable and fair rental rate
The Private Subletting Act regulates what a reasonable and fair rent is for a co-op apartment, single-family house, owner-occupied apartment, or a single room.
For example, when it comes to co-op apartments, the rent may not exceed the total of the landlord’s cost of capital and operating costs.
The cost of capital is the annual rate of return on the market value of the property, usually 4%. This interest rate applies whether or not there is a mortgage on the property.
Operating costs include, for example:
fees to the co-op association
electricity
heating
broadband (or other ISP service)
wear and tear of furniture or fixtures.
If the apartment is rented furnished, the rental rate may be increased slightly to compensate for wear and tear of the furniture. Exactly how much is not specified in the statute.
If you think that the rent is unreasonably excessive, you can appeal to a regional Rent and Tenancies Tribunal to have the matter adjudicated. If the regional Rent and Tenancies Tribunal finds that the rental rate is unreasonably excessive, you will receive a lower rental rate from the date of the decision. You cannot ask for a repayment of previous rent paid.
Example of a reasonable and fair rental rate
Let’s think of 4% as a reasonable and fair level of rent. If the co-op apartment has a market value of SEK 3 million with a monthly homeowners fee of SEK 3,000 and costs for electricity consumption, TV license and ISP amounting to SEK 1,500 per month, the monthly rent could be SEK 14,500 (SEK 3 million x 0.04 divided by 12 months + 3,000 + 1,500 = 14,500).
Normal wear and tear
It is important that you take good care of your apartment. If you have caused damage or the apartment has suffered abnormal wear and tear, you will be responsible for paying compensation for this. This means that the landlord can require you to restore the apartment or compensate for the damage.
What is regarded as normal wear and tear must always be assessed on a case-by-case basis. Factors to take into account include how long you have lived in the apartment and the extent of the damage.
Disputes with a landlord
If you have a dispute with your landlord, there are different ways to resolve it by bringing the matter to a third party.
Regional Rent and Tenancies Tribunals
The regional Rent and Tenancies Tribunals examine disputes such as unreasonable/excessive rent, or disputes about the permission to sublet an apartment, for example.
Further information on the regional Rent and Tenancies Tribunals website (In Swedish)
The local District Court
If you have a dispute that cannot be settled with the landlord, you can resort to the courts, starting by filing a lawsuit at the local district court.
Source: Konsumentverket
Proofread: 27 February 2023