Security of tenure, also known as security of possession, is a central part of Swedish tenancy law that provides tenants with a fundamental security in their housing. But exactly when does this protection come into effect, and how does it work when subletting a rental apartment or a privately owned residence?
Security of tenure means that a tenant, in many cases, has the right to remain in their apartment even if the landlord wants to terminate the lease. The purpose is to create stability and prevent arbitrary terminations, allowing tenants to feel secure in their home. The rules on security of tenure are mainly found in Chapter 12 of the Land Code, also known as the Tenancy Act, as well as in the Act on the Letting of Private Residences (Private Letting Act).
When does security of tenure apply to first-hand contracts?
For those who hold a first-hand contract on a rental apartment, the security of tenure is generally very strong and comes into effect from the first day of the rental period. This means that the landlord cannot simply terminate the agreement but must have valid reasons for the tenant to be forced to move. Examples of such reasons may be that the tenant is grossly negligent, for example, through repeated non-payment of rent, late payments, disruptive behavior towards neighbors, or neglect of the residence. Security of tenure can also be broken if the property is to be demolished or undergo a major renovation that makes the apartment no longer usable as a residence.
Security of tenure when subletting a rental apartment
The situation becomes more complex when it comes to subletting. If you rent a rental apartment in the second hand, you only get security of tenure after the tenancy has lasted for more than two consecutive years. It is important to note that this security of tenure is weaker than that which applies to first-hand tenants.
The weak security of tenure means, above all, that it does not apply if the person who rents out in the first hand (the first-hand tenant) wants to move back into the apartment when the second-hand agreement expires. In such cases, the second-hand tenant usually has no right to remain. However, the protection becomes relevant if the first-hand tenant wants to evict the second-hand tenant in order to rent out the apartment to someone else instead.
Security of tenure when renting out a condominium apartment or villa
When it comes to renting out a condominium apartment or a villa, which are classified as private residences, the rules are different and regulated by the Act on the Letting of Private Residences (Private Letting Act). According to this law, a tenant who rents a private residence generally has no security of tenure at all. This means that the tenant must normally move out on the date specified in the lease upon termination, without the possibility of demanding an extension.
However, there are important exceptions to this rule:
Multiple residences: If the landlord rents out more than one privately owned residence, the Private Letting Act only applies to the first letting. For the second letting, the provisions of the Tenancy Act apply instead, which may give the tenant security of tenure after two years of continuous rental.
Commercial activities: If a person rents out three or more private residences at the same time, it is considered a commercial activity. In that case, the rules of the Tenancy Act apply to all lettings, which means that all tenants get security of tenure from day one.
Agreements before 2013: Lease agreements for private residences entered into before 2013 may be covered by the provisions of the Tenancy Act instead of the Private Letting Act, which may give the tenant security of tenure.
Exceptions and agreements on waiving security of tenure
Regardless of the type of housing, it is possible to waive security of tenure by agreement. This is especially common when subletting rental apartments or when a condominium apartment or villa is rented out. Such an agreement on waiving security of tenure must be drawn up in writing in a separate document, in addition to the lease itself.
For an agreement on waiving security of tenure to be valid, it often requires approval by the Rent Tribunal. Exceptions from the requirement
