What does it mean?
When a tenant passes away, the lease automatically transfers to the estate (dödsbo), which assumes all rights and obligations under the contract. The estate has a special notice period of one month, regardless of what otherwise applies — this follows from Chapter 12, Section 5 of the Land Code. However, this shorter notice period applies only to the estate, not to the landlord.
Close relatives of the deceased may in certain cases have the right to take over the lease. A spouse or cohabiting partner who lived with the deceased generally has priority to take over the contract. Other relatives who permanently lived with the tenant may also have the right to take over. The landlord must approve the takeover but cannot refuse without objective grounds. If the landlord refuses, the matter can be reviewed by the Rent Tribunal. The estate beneficiaries should act quickly since rent debts can otherwise accumulate.
Key Points
- The lease automatically transfers to the estate
- The estate has one month's notice period regardless of contract terms
- Spouse/cohabiting partner has priority to take over the contract
- Other close relatives who lived together may also have takeover rights
- Landlord cannot refuse takeover without objective grounds
Practical Tip
Notify the landlord immediately in case of death and contact the Tenants' Association for support. If you as a close relative want to take over the contract, apply in writing to the landlord and document that you lived with the deceased. Act quickly — the estate is responsible for rent in the meantime.
Legal Basis: 12:5 JB (estate notice period), 12:32-34 JB (takeover)