Residental lease

The lease of a dwelling or premises is for an indefinite period, unless the lease agreement states otherwise a rental contract can also be for a fixed period. In such cases, the tenancy will generally end on the agreed date.

Rental of housing

Formation of the contract

The Rent Act (swedish: hyreslagen which is incorporated in 12 kap jordabalk (1970:994) defines a residental lease agreement as a lease of a house or apartment for financial compensation. There are no formal requirements for how a rental agreement should be drafted. A rental agreement must be in writing if the landlord or tenant requires it.

Duration of the tenancy

A rental property is normally rented for an indefinite period, which means that the rental relationship lasts until the landlord or tenant terminates the contract. The lease may also be for a fixed term. In such cases, the tenancy will end when the fixed date has passed.

Period of notice

A tenancy agreement for an indefinite period of time has a notice period of three months under the Tenancy Act. If the lease is for a fixed term, the notice period depends on the duration of the lease.

Security of tenure

Anyone renting a property as a first-time tenant is protected against termination of the lease by the landlord. Security of tenure aims to protect tenants from being summarily evicted by their landlord. The tenancy protection applies from the first day of the rental period. If you sublet your home instead, you only get tenancy protection when the subletting has lasted for more than two consecutive years.

Possession protection can be waived under certain circumstances. In such cases, this must be stated in a specially drawn up document between landlord and tenant. As a general rule, the Rent Tribunal needs to approve the agreement for it to be valid.

If the tenant misbehaves, for example by disturbing his neighbors or failing to pay the rent on time, the security of tenure can be broken. This means that the landlord has the right to evict the tenant. Security of tenure can also be breached if the building the tenant lives in is to be demolished or extensively rebuilt.

Rights and obligations

The landlord has what is known as a maintenance obligation, which means that he or she is obliged to ensure that the property is in good condition. This means that the landlord must regularly check that the white goods in the property are working and that the walls, ceilings and floors are in good condition. If not, this must be repaired. If there are defects or faults in the apartment that are not the tenant's fault, the tenant is entitled to a reduction in rent. If a landlord fails to remedy certain types of defects, the tenant may have the right to terminate the lease.

During the period that the tenant rents the property from the landlord, the tenant needs to be diligent and ensure that the apartment is kept clean and free of pests. The tenant is obliged to report any damage that occurs in the apartment, which means that the landlord must be notified. Any rules of order, such as not playing loud music, must be observed. The tenant is also responsible for any damage or disorder caused by friends or family visiting the apartment. If a dispute arise Disputes between tenants and landlords are normally heard by the Rent Tribunal. In some cases, a decision by the Rent Tribunal can be appealed to the Svea Court of Appeal.

Commercial lease

If you want to read more about what applies for commercial lease, you can do so by clicking HERE.

We can help you

If you find yourself in a rental dispute with your landlord or tenant, you are welcome to contact. We can also help you draw up a clear rental contract to prevent tenancy disputes from arising. We can represent you in court or before a rent tribunal. Contact us and we will help you further.