Your rights as a tenant
Dina rättigheter som hyresgäst - Engelska
What rights do you have when you live in a rental apartment? What are the rules if you are in a dispute with your landlord? For example, if you do not agree on what constitutes reasonable rent, what is considered normal wear and tear in the residence, or the notice period.
Translated page: This text has been translated from Swedish. The text and appearance of the page may look different from the original page.
What rules applies when you rent a first-hand apartment?
If you are renting an apartment, the rent must be reasonable.
The notice period may vary depending on what kind of contract you have. For a standard permanent contract, it is 3 months.
The landlord must repair the apartment if it has deficiencies and at regular intervals.
As a tenant, you are obliged to pay for abnormal wear and tear and damages.
What is a reasonable rent?
The rent must be reasonable. It can not be higher than the rent for comparable apartments in the same area that are also rented out first-hand.
The rent is usually reasonable if it is not higher then 5 per cent of the rent for a comparable apartment.
A comparable apartment:
is about the same size, number of rooms and layout
is approximately equally renovate
has approximately the same distance to the town center
has a similar living environment in the area
When can you demand a renovation of your rental apartment?
The landlord must repair any faults or deficiencies unless you have caused them through negligence. Examples of faults and deficiencies include the stove not working or the freezer not maintaining its temperature.
How often should the landlord repaint the apartment?
The landlord should renovate the apartment at regular intervals. It is common to put up new wallpaper or repaint after 12–15 years. It is assumed that the apartment is normally worn out enough by then to need refreshing.
Is the apartment in very good condition even after 12–15 years? Then it is not certain that you can demand a renovation.
What is considered normal or abnormal wear and tear?
If there has been damage to the apartment that is not considered normal wear and tear, the landlord has the right to claim compensation for this.
What is considered normal wear and tear is assessed on a case-by-case basis. Factors to consider include how long you have lived in the apartment and the extent of the damage.
Examples of normal wear and tear can be:
Some holes or marks on the walls from pictures and furniture
Minor scratches on the floor. Drawing on the walls, for example, is not considered normal wear and tear.
If you think that the amount is unreasonable, you can file a complaint with the Swedish National Board for Consumer Disputes (ARN).
Can you get a rent reduction due to faults in the apartment?
Are you unable to use the apartment fully due to deficiencies? In that case, you can demand a rent reduction until the landlord fixes the deficiencies.
Inform the landlord that you want a rent reduction. If the landlord does not agree to temporarily reduce the rent, you can deposit (store) part of the rent with the County Administrative Board. Do not deposit too large an amount, as you may risk losing the apartment.
The advantage of depositing the rent compared to not paying is that the landlord cannot evict you for non-payment.
Do you need help determining a reasonable amount to deposit? Contact a lawyer or the Tenants’ Association if you are a member. Note that the Tenants’ Association is not a government authority.
How do you deposit the rent?
Contact the County Administrative Board for more information on how to deposit rent.
County Administrative Board's (Länsstyrelsens) website
What is the notice period for a rental apartment?
The notice period can vary. It depends on the type of contract you have signed.
Permanent contract
A permanent contract runs from the day you and the landlord entered into the agreement until one of you terminates it. For a permanent contract, the notice period is usually 3 months.
Full calendar months
When terminating the lease, the notice period of 3 months implies full calendar months. If you terminate the apartment on January 10th, you must also pay for February, March, and April. If you want the agreement to end on March 31st, you must terminate it by December 31st at the latest.
You can agree on a shorter period
You can agree with the landlord on a shorter notice period, for example, one month.
Can I cancel the lease before moving in?
The 3-month notice period applies even if you have not moved into the apartment.
Fixed-term contracts
A fixed-term contract is valid for a specified period. For example, you and the landlord may have signed an agreement for you to rent a residence for 6 months.
As a tenant, you can terminate the rental contract earlier.
The notice period for fixed-term contracts varies depending on the length of the lease.
If the lease is up to 2 weeks, the notice period is 1 day.
If the lease is longer than 2 weeks but up to 3 months, the notice period is 1 week.
If the lease is longer than 3 months, the notice period is 3 months.
What is the notice period in case of death?
If the tenant dies, the notice period for the apartment is one month.
Can I retract my termination of the lease?
You do not have the right to retract the termination of a lease. You can only retract the termination if the landlord agrees to it.
Does a rental contract have to be in writing?
A rental agreement can be either oral or written. However, if one party requests that it be in writing, it must be. It can be beneficial to have it in writing so you can prove what was agreed upon.
Disputes about indoor environmental problems
Is there a problem with your indoor environment? Do you, for example feel that your apartment is too chilly. In that case you should start by contacting your landlord.
If your landlord does not help you, it is possible to contact your municipal’s Environment and Health Protection Office. This is a supervisory authority that oversees the indoor environment in residential dwellings.
If you have a dispute with the landlord
There are several of ways to get help if you run into problems with your landlord.
Is your rent too high?
First, inform the landlord if you think the rent is too high. If you do not agree, you can turn to the Rent Tribunal. The Rent Tribunal can assess what is a reasonable rent for your specific apartment.
Rent setting on the Rent Tribunal’s website (In Swedish)
Does the landlord not want to renovate?
Does the landlord refuse to renovate the apartment even though there is a need? In that case, you can turn to the Rent Tribunal. The tribunal can order the landlord to make repairs. The landlord must then repair the apartment within a certain time.
Do you disagree about the agreement or the notice period?
If you have a dispute with the landlord, you can have the matter tried in court. The court can, for example, adjudicate disputes concerning the content of the rental agreement and disputes about payments and financial claims.
Have you received an incorrect claim for damages?
If you have received an incorrect claim regarding wear and tear or damage, you can contest the claim or parts of it. Write to the landlord and clearly explain why you believe you are not liable to pay.
You can also pay under protest. This means you pay the full amount but inform the landlord that you do not agree. You can later have your case reviewed to see if you are entitled to a refund.
You must be able to prove that you have informed the company that you do not accept the invoice. Email works well for this, as you will have a copy of your dispute.
National Board for Consumer Disputes (ARN)
You can file a complaint with the Swedish National Board for Consumer Disputes (ARN) if the dispute is not resolved between you and the landlord. ARN will assess your case and then recommend how your dispute should be resolved. A typical processing time is about 6 months.
When you file your complaint, describe the situation and what you are demanding from the landlord. You can submit supporting documents such as emails, pictures, agreements, and other evidence.
What does it cost to file a complaint with ARN?
It costs 150 SEK to file a complaint with ARN. In your complaint, you can request that the company reimburse you for the cost if ARN rules in your favor.
Requirements for ARN to review your case:
The company has rejected your demands or has not responded within a reasonable time.
The amount you and the company are disputing is 500 SEK or more.
You cannot include the fee for filing with ARN.
You file the complaint within one year from the first time you complained to the company.
Source: Konsumentverket
Proofread: 15 May 2024