First or Second Hand Rental Contracts: Your Guide in Sweden
Understanding the nuances between first-hand (förstahandskontrakt) and second-hand (andrahandskontrakt) rental contracts is crucial for both tenants and landlords in Sweden. This article clarifies these concepts, providing a clear understanding of your rights and obligations depending on the type of rental agreement you have in Sweden. Navigating the Swedish rental market can be tricky, especially for expats, but Bofrid is here to guide you.
What is the Difference Between a First-Hand and Second-Hand Contract in Sweden?
The fundamental difference between a first-hand contract (förstahandskontrakt) and a second-hand contract (andrahandskontrakt) in Sweden lies in who you are renting the accommodation from. With a first-hand contract, also known as a direct contract, you rent directly from the property owner or the housing cooperative (bostadsrättsförening). This means you have an agreement with the entity that owns the property or holds the primary rights to the apartment. You are, therefore, first in line in the rental relationship. This is the most secure form of renting in Sweden.
In contrast, a second-hand contract means you are renting the accommodation from someone who themselves rent it in the first hand, or who owns the apartment as a bostadsrätt. This person then becomes your landlord, and you become their tenant. You do not have a direct relationship with the property owner or the housing cooperative; your relationship is with the person subletting the property. This is common in larger Swedish cities.
This distinction is important because it affects your rights and obligations as a tenant, as well as which laws govern the rental relationship. For instance, first-hand tenants in Sweden have stronger security of tenure (besittningsskydd) than second-hand tenants. This means it is more difficult for a landlord to terminate a first-hand contract than a second-hand contract. Understanding these differences is key to protecting your housing rights in Sweden.
How Does Renting Out My Apartment Second-Hand Work in Sweden?
If you own an apartment (bostadsrätt) in Sweden and want to rent it out, you act as a second-hand landlord. This means you enter into a second-hand contract with the person renting your apartment. However, you must always obtain permission from your housing cooperative (bostadsrättsförening) before renting out your apartment. This is a crucial rule to follow; otherwise, you risk losing your right to the apartment.
The housing cooperative can deny you permission to rent out your apartment, but they must have a valid reason. Valid reasons could include previous misconduct as a member of the association or if the potential tenant is deemed unsuitable. If you are denied permission, you can appeal the decision to the Rent Tribunal (hyresnämnden).
When renting out your apartment second-hand, it is essential to draw up a written rental agreement that clearly specifies the rental period, rent, and rules for using the apartment. You are responsible for ensuring the rent is reasonable, meaning it should not be excessively high compared to similar accommodations in the area. Setting an unreasonable rent can lead to disputes and potential legal issues.
Practical Example: Renting Out a Bostadsrätt
Imagine you own a two-bedroom apartment in Stockholm. You decide to rent it out for six months while you are working abroad. First, you must apply for permission from your bostadsrättsförening. Once approved, you find a suitable tenant and agree on a monthly rent. The rental agreement should clearly state the start and end dates of the rental period, the amount of rent, and who is responsible for utilities. It's also wise to include an inventory list to avoid disputes about damages.
What are My Rights and Obligations as a First-Hand Tenant in Sweden?
As a first-hand tenant in Sweden, you have significant rights, primarily governed by the Swedish Rent Act (Hyreslagen). One of the most important rights is the security of tenure (besittningsskydd), which protects you from being evicted without a valid reason. Valid reasons for eviction include non-payment of rent, disruptive behavior, or if the landlord needs the apartment for their own use (which is rare and difficult to prove).
You also have the right to a reasonable standard of living. The landlord is responsible for maintaining the apartment in good condition, including repairs to essential appliances and fixtures. If the landlord fails to do so, you have the right to request repairs through the Rent Tribunal (hyresnämnden).
Your obligations include paying rent on time, taking good care of the apartment, and not causing disturbances to your neighbors. You are also responsible for minor repairs, such as changing light bulbs and cleaning drains. It's important to understand these rights and obligations to ensure a smooth tenancy in Sweden.
What are the Risks of Renting Second-Hand in Sweden?
Renting second-hand in Sweden involves several risks that you should be aware of, especially as an expat. One of the main risks is the limited security of tenure. As a second-hand tenant, your rights are weaker than those of a first-hand tenant. The landlord (the person renting out the apartment) can terminate the contract more easily, especially if they need the apartment back.
Another risk is related to the rent. Second-hand landlords sometimes charge excessive rents, taking advantage of the high demand for housing in major cities like Stockholm and Gothenburg. While there are regulations in place to prevent this, it can be challenging to prove that the rent is unreasonable. It's crucial to compare the rent with similar accommodations in the area before signing the contract.
How Bofrid Can Help
Bofrid offers services to help expats navigate the complexities of the Swedish rental market. We can assist you in reviewing rental contracts, negotiating fair rents, and understanding your rights and obligations as a tenant. Our goal is to ensure you have a safe and secure housing situation in Sweden. We can also provide advice on how to find reputable landlords and avoid scams.
How Much Does it Typically Cost to Rent in Sweden?
The cost of renting in Sweden varies significantly depending on the location, size, and condition of the apartment. In major cities like Stockholm, Gothenburg, and Malmö, rental prices are considerably higher than in smaller towns and rural areas. First-hand contracts generally offer more stable and regulated rents compared to second-hand contracts.
On average, you can expect to pay anywhere from 8,000 SEK to 15,000 SEK per month for a one-bedroom apartment in Stockholm, depending on the location and amenities. Two-bedroom apartments can range from 12,000 SEK to 20,000 SEK or more. In smaller cities, you might find similar apartments for 6,000 SEK to 10,000 SEK per month.
Second-hand rentals often come at a premium due to the convenience and flexibility they offer. However, it's important to ensure that the rent is reasonable and in line with market rates. Always compare prices and be wary of deals that seem too good to be true.
What Happens if There is a Dispute with My Landlord in Sweden?
Disputes with landlords can arise for various reasons, such as disagreements over rent, repairs, or termination of the contract. If you have a dispute with your landlord in Sweden, it's essential to try to resolve it amicably first. Communicate your concerns clearly and try to reach a mutual agreement.
If you cannot resolve the issue through direct communication, you can contact the Rent Tribunal (hyresnämnden). The Rent Tribunal is a government agency that mediates disputes between landlords and tenants. They can provide guidance and assistance in resolving the issue. In some cases, the Rent Tribunal may make a formal decision that is legally binding.
It's also advisable to seek legal advice from a lawyer specializing in housing law. A lawyer can help you understand your rights and obligations and represent you in legal proceedings if necessary. Bofrid can connect you with experienced legal professionals who can assist you with your housing-related issues in Sweden.
Frequently Asked Questions
What is the difference between a 'bostadsrätt' and a rental apartment?
A bostadsrätt is a form of cooperative ownership in Sweden where you own a share of the housing association, which in turn owns the building. You have the right to live in your apartment as long as you are a member of the association and follow its rules. A rental apartment, on the other hand, is owned by a landlord, and you rent it from them under a rental agreement.
Can a landlord increase the rent during the rental period in Sweden?
For first-hand contracts, rent increases are typically regulated and tied to inflation or collective bargaining agreements. Landlords cannot arbitrarily increase the rent during the rental period. For second-hand contracts, rent increases are possible but must be reasonable and agreed upon by both parties.
What should I do if my landlord doesn't make necessary repairs?
If your landlord fails to make necessary repairs, you should first notify them in writing, detailing the issues and requesting that they be addressed within a reasonable timeframe. If the landlord still doesn't take action, you can contact the Rent Tribunal (hyresnämnden) to request an order for the landlord to make the repairs.
How much deposit can a landlord ask for in Sweden?
In Sweden, there are no specific legal limits on the amount of deposit a landlord can ask for, but it is generally expected to be reasonable. A common practice is to ask for one to three months' rent as a deposit. Always ensure the terms of the deposit are clearly stated in the rental agreement.
Is it common for rental apartments in Sweden to come furnished?
It depends on the type of rental. First-hand rental apartments are often unfurnished, giving you the freedom to furnish and decorate as you wish. Second-hand rentals, especially those rented out for shorter periods, are more likely to be furnished, as they are often the owner's primary residence.
What happens if I need to move out before the end of my rental contract?
If you need to move out before the end of your first-hand rental contract, you are typically required to give three months' notice. For second-hand contracts, the notice period may vary depending on the agreement, but it is often shorter. Always refer to your rental contract for specific terms. If you leave without proper notice, you may be liable for the rent for the remaining period of the contract.
Bofrid is here to help you navigate the complexities of renting in Sweden, ensuring you have a safe and secure housing experience.
