| Scenario | What applies | Legal basis |
|---|---|---|
| First-hand contract, early departure without agreement | Full rent for 3-month notice period | Chapter 12, Section 5, Land Code (jordabalken) |
| Private rental, early departure | Full rent for 1-month notice period | Section 3, Private Rental Act (privatuthyrningslagen) (2026:772) |
| Agreement on earlier departure | Excess rent is refunded | Agreement between parties |
| New tenant takes over during notice period | Rent obligation ends on takeover | Practice, Rent Tribunal (Hyresnämnden) |
| Death, notice given within 1 month | 1-month notice period | Chapter 12, Section 5, second paragraph, Land Code (jordabalken) |
| Material defect in flat | Right to rent reduction | Chapter 12, Section 11, Land Code (jordabalken) |
If you terminate your rental contract early, you generally have no right to a refund of rent already paid. You remain liable to pay rent throughout the notice period, even if you move out sooner. Exceptions exist if the landlord agrees to earlier departure, if a new tenant takes over, or if the flat has defects. Notice periods are governed by Chapter 12, Section 5 of the Land Code (jordabalken) for rental flats and Section 3 of the Private Rental Act (privatuthyrningslagen) (2026:772) for private rentals.
The basic rule when terminating a rental contract and seeking a refund
Rent is paid in advance, usually monthly. When you terminate a rental agreement, a notice period runs during which the contract remains in force. This means you remain liable to pay rent until the contract formally ends, regardless of whether you remain in the flat or not.
If you have paid rent for a period that falls after the contract has formally ended, that portion must be refunded. This is the only situation where a refund is automatic. If you have paid for a period still covered by the notice period, the rent is earned by the landlord.
What does the law say about notice periods?
For a first-hand (primary) rental flat, Chapter 12, Section 5 of the Land Code (jordabalken) provides for a three-month notice period from the tenant's side, calculated from the month-end following notice. For private rentals under the Private Rental Act (privatuthyrningslagen) (2026:772), a shorter period applies: the tenant may terminate the contract to the month-end occurring at least one month after notice.
This difference is crucial when calculating how much rent you must pay after giving notice.
When can you actually get rent back?
There are a few situations where a refund may become relevant. Here are the most common ones.
1. The landlord agrees to earlier departure
If you and the landlord agree on an earlier departure date than the notice period requires, your payment obligation ends from that agreed date. If you have paid in advance for the period after that, the difference must be refunded. Written confirmation is important.
2. A new tenant takes over the contract
If the landlord finds a new tenant who signs an agreement and moves in during your notice period, your rent obligation ends from the day the new tenant begins paying. This is not a statutory right for you, but follows from the principle that the landlord should not receive double rent for the same flat.
3. Defects in the flat
If the flat has serious defects — for example, heating switched off, pest infestation or water damage — you may have the right to a rent reduction under Chapter 12, Section 11 of the Land Code (jordabalken). Read more in our article on heating switched off and refunds.
4. Death
On the tenant's death, the estate may terminate the contract under Chapter 12, Section 5, second paragraph of the Land Code (jordabalken) with one month's notice, if notice is given within one month of death.
Comparison: early termination and rent refunds in different scenarios
How to do it: checklist for getting rent back
- Give notice in writing. Send notice by registered letter or email with read receipt. Note the date.
- Calculate when the contract actually ends. Use the correct notice period — three months for first-hand, one month for private rental under the Private Rental Act (privatuthyrningslagen) (2026:772).
- Ask about earlier departure. Request in writing that the landlord allow you to end the contract sooner. Get confirmation before you move.
- Offer to help find a new tenant. The sooner the landlord finds someone, the sooner your payment obligation ends.
- Document the flat's condition on departure. Take photographs and conduct a joint inspection. This protects your deposit.
- Request a refund in writing. If you have paid rent for time after the contract ends, send a written request with bank details and dates.
- Contact the Rent Tribunal (Hyresnämnden) if the landlord refuses. They mediate disputes free of charge.
Specifically about subletting and private rental
If you rent as a subtenant from a first-hand tenant, Chapter 12 of the Land Code (jordabalken) applies. If you rent directly from someone who owns their home — a house or tenant-owned flat (bostadsrätt) — the Private Rental Act (privatuthyrningslagen) (2026:772) applies, which came into force on 1 July 2026. The Act replaced the earlier Act (2012:978) on rental of own home.
An important difference: under the Private Rental Act, the tenant's notice period is always one month, regardless of what the contract states. The landlord, however, has a three-month notice period. Terms that are worse for the tenant than the law are void under Section 4 of the Act.
Read more about how the Private Rental Act (privatuthyrningslagen) (2026:772) affects rent and the new subletting rules.
Cost of breaking the contract early
If no agreement is reached and no new tenant is found, the cost is simply the rent multiplied by the number of months remaining in the notice period. See our guide to what it costs to break a rental contract for worked examples.
Frequently asked questions
Must the landlord try to find a new tenant so I don't have to pay?
No, there is no such express obligation in the Land Code (jordabalken) or the Private Rental Act (privatuthyrningslagen) (2026:772). In practice, however, most landlords let the flat as soon as possible, and your payment obligation then ends from the takeover date. Always ask explicitly about this.
Can the landlord refuse to refund rent I have overpaid?
No. If you have paid rent for a period after the contract has ended, that amount is a debt the landlord owes you. If the landlord refuses, you can apply to the Enforcement Authority (Kronofogden) for a payment order.
Does the deposit count as rent?
No. A deposit is a separate security that must be refunded after departure, minus any verified damage beyond normal wear and tear. See checklist for rental contract before moving in.
What happens if I just move out without giving notice?
The contract continues to apply and you remain liable to pay rent until valid notice is given and the notice period has elapsed. Unpaid rent can lead to debt collection, payment defaults and claims for damages. Read more about what happens if you don't pay rent on time.
This text is general information and does not constitute legal advice.
