When it's time for the tenant to return the keys, the same question often arises: Is this mark on the floor "normal wear and tear" or damage that needs to be paid for? For a landlord, it's about protecting their investment, and for a tenant, it's about getting their deposit back. Understanding the difference between expected aging and actual damage is crucial for a smooth rental process in Sweden. Here's everything you need to know to avoid unnecessary disputes. This guide is specifically tailored for expats navigating the Swedish rental market.
What is normal wear and tear?
According to the Swedish Rent Act (Hyreslagen), a tenant has the right to use the dwelling for living in it. This means that some signs of use are completely natural and should not be charged. As a rule of thumb, anything that occurs through "normal use" over time is considered normal wear and tear. It’s important to remember that the tenant is not responsible for restoring the dwelling to its original, brand-new condition.
Factors Influencing the Assessment of Normal Wear and Tear:
- Age of the dwelling: Older apartments naturally exhibit more wear and tear than newly constructed ones.
- Rental period: The longer the tenant has resided in the apartment, the more wear and tear is considered acceptable.
- Materials: Certain materials are more susceptible to wear and tear than others. For example, a parquet floor will likely show wear faster than a tiled floor.
- Number of occupants: A family with children will generally cause more wear and tear than a single person.
Examples of normal wear and tear:
- Minor marks and holes from pictures and shelves (to a reasonable extent). A few small nail holes are normal, while a large number of holes or large drill holes may be considered damage.
- Light wear marks on floors where furniture has been placed. This could be "shadows" or light scratches.
- "Shadows" on wallpaper where pictures or beds have been. This is especially common if the wallpaper has been exposed to sunlight for an extended period.
- Minor scratches in bathtubs or on sinks. Superficial scratches that occur during normal cleaning are considered normal wear and tear.
- Loose wallpaper seams or minor paint peeling due to age.
- Broken blind cords or slats (if they are not abused).
When is it considered damage?
Damage usually occurs through negligence, accidents, or abnormal use. If the tenant has failed in their duty of care (vårdplikt), they are liable for compensation. These are damages that go beyond what can be expected with normal use.
Examples of damage requiring compensation:
- Large grease stains or extensive drawing marks on walls. The extent and possibility of cleaning will be assessed.
- Deep dents in the parquet flooring (e.g., after dropped objects or heavy furniture being dragged).
- Torn wallpaper (e.g., caused by pets).
- Significant scratches or burns on countertops.
- Clogged drains due to improper disposal of waste.
- Broken windows or mirrors due to negligence.
- Missing or broken fixtures (e.g., door handles, light fixtures) due to misuse.
The Swedish Inspection Protocol (Besiktning)
In Sweden, a move-out inspection (besiktning) is a crucial step in determining the condition of the rental property. Both the landlord and tenant should ideally be present.
Key aspects of the inspection:
- Scheduling: The inspection should be scheduled well in advance of the move-out date to allow time for any necessary repairs or cleaning.
- Documentation: The condition of each room and fixture should be carefully documented, including photos and written notes.
- Agreement: Both parties should agree on the condition of the property and sign the inspection protocol (besiktningsprotokoll). This document serves as evidence in case of disputes.
- Disputes: If there are disagreements, it's essential to document them in the protocol. You can also seek assistance from Hyresnämnden (Rent Tribunal) if you can't resolve the issue amicably.
Tips for Expats:
- Bring a Swedish-speaking friend: If your Swedish is not fluent, bring someone who can help you understand the inspection process and communicate effectively.
- Take your own photos: Supplement the landlord's photos with your own to have a complete record of the apartment's condition.
- Review the entry inspection protocol: Compare the move-out condition with the condition documented at the beginning of your tenancy.
The Deposit (Deposition) and Reimbursement
In Sweden, landlords commonly require a deposit (deposition) before the tenant moves in. This deposit serves as security for any damages beyond normal wear and tear.
Key points about the deposit:
- Amount: The deposit is usually equivalent to one to three months' rent.
- Interest: Landlords are not legally obligated to pay interest on the deposit.
- Reimbursement: The deposit should be reimbursed to the tenant within a reasonable time after the move-out inspection, provided there are no justified claims for damages.
- Deductions: If the landlord intends to deduct any amount from the deposit for damages, they must provide a written explanation and supporting documentation (e.g., invoices for repairs).
What to do if you disagree with deductions:
- Negotiate: Try to negotiate with the landlord to reach a mutually acceptable agreement.
- Contact Hyresnämnden: If you cannot resolve the issue, you can file a dispute with Hyresnämnden (Rent Tribunal). They will mediate the dispute and make a binding decision.
- Legal Assistance: Consider seeking legal advice from a lawyer specializing in rental law.
Cleaning Requirements Upon Moving Out
Proper cleaning is essential when moving out of a rental apartment in Sweden. The apartment must be thoroughly cleaned to a standard that a new tenant can move in without needing to clean again.
Key Cleaning Tasks:
- All Rooms: Vacuuming, mopping floors, wiping down walls, cleaning windows inside and out.
- Kitchen: Cleaning appliances (oven, refrigerator, dishwasher), degreasing stove and exhaust fan, cleaning countertops and sink.
- Bathroom: Cleaning toilet, shower/bathtub, sink, mirror, and tiles. Removing any mold or mildew.
- Closets and Storage: Emptying and cleaning all closets and storage spaces.
Tips for Expats:
- Consider hiring a professional cleaning company (flyttfirma): This can save you time and ensure the apartment is cleaned to the required standard.
- Ask for a cleaning checklist from the landlord: This will give you a clear understanding of what is expected.
- Document the cleaning: Take photos after cleaning to provide evidence of the apartment's condition.
FAQ for Expats Regarding Wear and Tear in Swedish Rental Properties
Q: What happens if we can't agree on what is wear and tear vs. damage? A: Document everything with photos and written notes. Try to negotiate with your landlord. If you can't reach an agreement, contact Hyresnämnden (Rent Tribunal) for mediation.
Q: How long does the landlord have to return the deposit? A: There isn't a specific legal timeframe, but a "reasonable time" is expected. Typically, this is within 1-2 weeks after the move-out inspection, assuming there are no major disputes.
Q: Can the landlord charge me for repainting the entire apartment after I move out? A: Not usually, unless the paint damage is beyond normal wear and tear (e.g., large stains, drawing marks). Normal wear and tear includes minor scuffs and fading.
Q: What if the damage was caused by a guest? A: As the tenant, you are responsible for the actions of your guests.
Q: The landlord wants to charge me for something that was already damaged when I moved in. What can I do? A: This is where the entry inspection protocol (besiktningsprotokoll) is crucial. If the damage was documented in the entry protocol, you are not responsible. If it wasn't, it becomes more difficult to prove.
Q: What if I disagree with the landlord's assessment after the move-out inspection?
A: Don't sign the inspection protocol if you disagree. Write down your objections and take photos. Try to negotiate, and if necessary, contact Hyresnämnden.
Understanding your rights and responsibilities as a tenant in Sweden is crucial for a smooth and stress-free rental experience. By being proactive, documenting everything, and communicating effectively with your landlord, you can avoid unnecessary disputes and ensure a fair outcome when it's time to move out.
