Commercial Rental Law - Security of Tenure

Welcome to Advantage Law Firm with all your questions regarding the rental of commercial properties.  

In general 

The tenant is responsible for paying the rent on time, repairing any damage caused by themselves, paying the bills for the premises (electricity, gas, water, etc.), keeping the property clean and tidy, and returning the local in the same condition as it was rented. The tenant has the right to use the rental property without the landlord interfering without notice. 

What does the security of tenure mean? 

The security of tenure of a tenant of commercial property is different from that of a tenant of a dwelling. If you rent a commercial property, you have no right to extend the lease if the contract is terminated. Indirect security of tenure becomes relevant if the tenancy ends when it lasts for more than nine consecutive months.  

Indirect security of tenure means that in certain cases, the tenant of the property can receive compensation from the landlord for the financial loss you incur as a result of the termination of the tenancy. Security of tenure also includes a reasonable delay in moving out.  

A tenancy can be terminated both by a notice to vacate and a notice to change conditions.  

Security of tenure can be terminated by a special document between the tenant and the landlord. In some cases, such an agreement must be approved by the rental board. The approval of the rent board is not needed when the tenancy has lasted for more than nine consecutive months. 

In some cases, security of tenure can be agreed upon even if the tenancy has not lasted nine consecutive months. Contact our lawyers today for more information on how the security of tenure affects you and when it can be waived! 

What can a tenant do when the lease is terminated? 

If the landlord wants to terminate the contract with the tenant, the tenant must be informed of the reason for the termination. The notice should include information for the tenant about the right to refer the dispute to the Rent Tribunal for mediation. If the landlord does not give proper notice, the notice is ineffective against the tenant.  

About mediation in the Rent Tribunal 

It is incumbent on the tenant to apply for mediation within two months of the notice of termination, otherwise, the tenant’s right to have the issue of damages tried in a public court is forfeited. In the Rent Tribunal, the aim is for the parties to come to an agreement.  

About damages 

The tenant is always entitled to minimum compensation if the lease is terminated because the landlord’s refusal to extend the lease is unjustified or because the landlord has demanded a much higher rent than the market rent, for example. The minimum compensation corresponds to one year’s rental costs.  

If the tenant’s loss is not covered by the minimum compensation, compensation can be paid instead for moving costs, minimum compensation, loss of value of the property, etc.  

Your tenancy lawyer in Stockholm 

If you have questions regarding the security of tenure, terminations, damages, and much more, contact us at Advantage Law Firm today and we will help you! 

Call us by phone number 08 – 20 21 40 or email us at info@advantage.se.