When you sublet your entire home in Sweden, one of the most common questions is: "Can the tenant refuse to move out?". This concerns what is known as security of tenure, or besittningsskydd in Swedish. Understanding and managing this is crucial for a secure rental experience in Sweden. This guide will provide a comprehensive overview of rental security in Sweden, tailored for expats and international residents.
What is security of tenure?
In short, security of tenure (besittningsskydd) means that a tenant may have the right to remain in the home even if the landlord has terminated the agreement. When renting out entire homes in Sweden, the rules differ depending on whether it is a bostadsrätt (condominium) or a hyresrätt (rental apartment). Understanding these differences is crucial.
Example for Expats: Imagine you're an expat moving to Sweden for a two-year work assignment. You decide to rent out your apartment while you're away. Understanding besittningsskydd is vital to ensure you can reclaim your apartment when you return.
Private Housing Rental Act (Condominiums & Houses)
For those who rent out a home you own yourself (e.g., a bostadsrätt or house), the protection for the tenant is very weak. According to the "Law on the Rental of Private Housing" (Privatuthyrningslagen), the tenant is essentially never entitled to security of tenure. You always have the right to get your home back if you follow the notice period. This law applies specifically when you rent out a private residence that you intend to return to.
Important Note: Even though security of tenure is weak under Privatuthyrningslagen, you must still follow the law and give the tenant reasonable time to move out. What is considered "reasonable time" can vary depending on the circumstances, but it is usually between one and three months. Always check the latest regulations on the Konsumentverket (Swedish Consumer Agency) website.
Rental Apartments and the 2-Year Rule
If you sublet a hyresrätt (rental apartment), the tenant only gains security of tenure after the rental relationship has lasted for more than two consecutive years. This is a critical distinction. If you rent out your hyresrätt for, say, 2 years and 1 month, the tenant may have the right to stay even if you want to return. This rule is in place to protect long-term tenants from unfair eviction.
Step-by-Step Guide for Renting out a Rental Apartment (Hyresrätt)
- Apply for Permission: Before subletting your hyresrätt, you must apply for permission from the hyresvärd (landlord). The landlord can only deny permission for a valid reason, such as a history of late payments or disruptive behavior by the proposed tenant.
- Write a Rental Agreement: Ensure you have a clear rental agreement (hyresavtal) specifying the rental period, rent amount, and other essential terms. Use a standard template available from Hyresgästföreningen (Swedish Tenants' Association) to ensure compliance with Swedish law.
- Be Aware of the 2-Year Rule: Remember that the tenant can gain security of tenure after two years. Plan your rental period accordingly if you intend to return.
- Termination: If you want to terminate the agreement, do so well in advance and according to the applicable rules. Serve the notice in writing and retain proof of delivery.
How to Waive Security of Tenure
To be on the safe side, especially for longer rentals, it is recommended to draw up a separate document in which the tenant waives their security of tenure. This document often needs to be approved by the Rent Tribunal (Hyresnämnden) if the rental relationship is shorter than 4 years (for rental apartments). The waiver must be freely agreed upon and documented properly to be legally valid.
Important Considerations:
- The waiver must be in writing and signed by both parties.
- The Rent Tribunal will assess whether the waiver is fair and reasonable.
- A waiver is generally not enforceable if the tenant was pressured or misled.
Grounds for Eviction
Even without security of tenure, a landlord can only evict a tenant for specific reasons outlined in Swedish law (Jordabalken Chapter 12). Common grounds for eviction include:
- Failure to pay rent.
- Substantial disruption to neighbors.
- Damage to the property.
- Unauthorized subletting.
Eviction Process:
Evicting a tenant in Sweden requires a formal legal process. The landlord must first serve a written notice to the tenant, giving them a chance to rectify the issue. If the tenant fails to comply, the landlord can apply to the Enforcement Authority (Kronofogden) for an eviction order. It's crucial to follow the correct procedure to avoid legal complications.
Understanding Tenancy Rights in Sweden for Expats
Navigating the Swedish rental market can be complex, especially for expats. Here's a breakdown of key tenancy rights you should be aware of:
Rent Control (Hyresreglering)
Sweden has a rent control system that regulates the amount landlords can charge for rental apartments. The rent must be "reasonable" compared to similar apartments in the area. Tenants can challenge excessive rent increases by contacting Hyresgästföreningen or the Rent Tribunal.
Right to Repairs
Landlords are responsible for maintaining the property in good condition. Tenants have the right to request repairs for issues like leaky faucets, broken appliances, or heating problems. If the landlord fails to address the issues promptly, tenants can seek legal recourse.
Protection Against Unfair Eviction
As mentioned earlier, tenants have strong protection against unfair eviction in Sweden. Landlords must have valid grounds for eviction and follow the correct legal procedure.
Practical Examples
Scenario 1: Renting out a Bostadsrätt for a Year
An expat owns a bostadsrätt in Stockholm and plans to work abroad for a year. They rent out their apartment through a platform like Bofrids. Since they are renting out their own apartment under Privatuthyrningslagen, the tenant does not gain security of tenure. The expat can reclaim their apartment after the agreed rental period, provided they give the tenant reasonable notice.
Scenario 2: Subletting a Hyresrätt for Three Years
A Swedish resident sublets their hyresrätt to an international student for three years. After two years, the student gains security of tenure. If the original tenant wants to reclaim the apartment, they may need to offer the student alternative accommodation or negotiate a settlement. If they cannot agree, the Rent Tribunal will decide whether the student can stay.
Resources for Expats in Sweden
- Hyresgästföreningen (Swedish Tenants' Association): Provides legal advice and support to tenants. (Swedish language, but often has English-speaking staff)
- Konsumentverket (Swedish Consumer Agency): Offers information on consumer rights, including rental agreements. (Swedish language, some information in English)
- The Local Sweden: English-language news site with articles on housing and renting in Sweden.
- Bofrids: Platform for renting and subletting properties in Sweden.
FAQ: Security of Tenure in Sweden
What is the difference between besittningsskydd for bostadsrätt and hyresrätt?
For bostadsrätt rented out under Privatuthyrningslagen, the tenant has very weak security of tenure. For hyresrätt, the tenant gains security of tenure after two years.
How much notice do I need to give a tenant when renting out my bostadsrätt?
Reasonable notice is typically between one and three months, depending on the circumstances.
Can I increase the rent during the rental period?
Rent increases are regulated by Swedish law. For hyresrätter, rent increases must be "reasonable" and in line with market rates. For bostadsrätter, the rent can be freely agreed upon, but excessive rent may be challenged.
What happens if my tenant refuses to move out?
You must apply to the Enforcement Authority (Kronofogden) for an eviction order. Do not attempt to evict the tenant yourself, as this is illegal.
Where can I find a standard rental agreement in English?
While official Swedish rental agreements are in Swedish, you can find templates in English online. However, it's always recommended to have a Swedish-speaking person review the agreement to ensure it complies with Swedish law.
Conclusion
Understanding besittningsskydd is essential for anyone renting out property in Sweden. By familiarizing yourself with the relevant laws and regulations, you can protect your rights and ensure a smooth rental experience. For expats, resources like Hyresgästföreningen and Konsumentverket can provide valuable support and guidance. Always seek professional legal advice if you have any doubts or concerns about your rental agreement.
