Local law - Protection of possession
Local law – security of tenure, what rights and obligations does a local tenant have?
Welcome to Advantage Advokatbyrå with all your questions regarding renting premises.
It is the tenant of the premises who is responsible for paying the rent on time, repairing damages that he himself caused, paying bills for the premises (electricity, gas, water, etc.), keeping the property clean and tidy and returning the premises in the same condition as it was rented. The premises tenant has the right to use the premises without the premises landlord trespassing without notice.
What does security of tenure mean?
A local tenant’s tenure protection is designed differently than for someone who rents a home. You who rent a premises have no right to an extension of the rental agreement if the agreement is terminated. The indirect possession protection becomes relevant if the tenancy ends when it lasts for more than nine months in a row.
The indirect possession protection means that the premises tenant can in some cases receive compensation from the landlord for the financial loss you incur due to the termination of the tenancy. The tenure protection also includes a reasonable postponement of the move.
A tenancy can be terminated both by a notice to move out and a notice to change the terms.
The security of possession can be waived by means of a specially drawn up document between the tenant and the landlord. In some cases, such an agreement must be approved by the tenancy board. The rental board’s approval is not needed when the tenancy has lasted for more than nine consecutive months.
In some cases, the protection of possession can be waived even if the tenancy did not last for nine consecutive months. Contact our lawyers and attorneys today for more information about how the security of tenure affects you and when it can be canceled!
What can a tenant do when terminating the lease?
If the landlord wishes to terminate the agreement with the tenant, the tenant must be notified of the reason for the termination. The notice of termination must, among other things, contain information for the tenant about the right to refer the dispute to the rental board for mediation. If the landlord does not give a proper notice, the notice is without effect against the tenant.
About mediation in the rental board
It is the tenant’s responsibility 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 public court is forfeited. In the tenancy board, the goal is for the parties to reconcile, to come to an agreement.
The tenant is always entitled to minimum compensation if the tenancy ends because the landlord’s refusal to extend the lease is unjustified or if the landlord, for example, demanded much higher rent than the market rent. The minimum compensation corresponds to one year’s rental costs.
If the tenant’s loss is not covered by the minimum compensation, compensation can instead be paid for moving costs, minimum compensation, reduction in value of the property and the like.
Your tenancy lawyer in Stockholm
If you have questions regarding security of tenure, terminations, damages and much more, contact us at Advantage Advokatbyrå today and we will help you!
Call us on phone number 08 – 20 21 40 or email firstname.lastname@example.org
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