For landlords

What do I need to know as a landlord?

Suddenly becoming a landlord can be both educative and challenging. Different rules and laws apply for 1. Subletting a rented apartment, 2. Subletting an owned apartment or house and 3. For live- in tenancy. Below we have assembled information about the three different practices of renting out together with some general advice those considering renting out.

If you as a landlord want help from a safe third party, Studentboet's partner Qasa might be the thing for you. They can help you with secure payments (guaranteed rental payments each month) and deposition. They can also help you with a costumized insurance for subletting. This among other things is on offer. Learn more under Contact or at Qasas webpage.  

 

1.       What should I think of when subletting my rented apartment?

Consent from the landlord

In order to rent out you apartment you need consent from your landlord. The primary tenant should make a written application to the landlord. In order to be certain that the application is correct use the application form created by the Swedish Property Federation and the Swedish Federation of Public Housing Companies. You can the application form at www.itkett.se below “Andrahand”.

If the landlord does not give consent.

The tenant applying for consent can then ask for permission from the rent and tenancy tribunal. Considerable reasons for the sublet in the eyes of the law is for example a trial period of living with a partner or a temporary relocation for studies or work. Consent is usually given for one year at a time. As a rule, the total time can not amount to more than three years.  For trial living with a partner consent is usually only given for one year at a time.

Do a background check on the subletter before renting out

It is important than the primary tenant does a check on the prospective subletting tenant before making an application to the property landlord to make sure that she/he can pay the rent and is a reliable person. If the subletting tenant disturbs the neighbours the primary tenant can lose the apartment. You should not hesitate to do background checks on friends and acquaintances. At least the following measures should be taken: 

Arrange for a meeting with the prospective subletter. This is important since you possibly will have a more or less lengthy business relation with each other.

Call the district court and see if they have any sentences towards the prospective subletting tenant. Ask for both litigation and criminal rulings. 

Check their payment ability. Find out what incomes they have. Call the bailiffs office (Kronofogden – Swedish Enforcement Authority) and see if they have any errands registered.

Ask for references from employers or others that can give an objective opinion. 

Create a written contract with the subletting tenant

It is important to have a written contract with your tenant. You can find templates for contracts under Documents and resources.

Make a list of the furniture and do a survey

 You should meet the prospective tenant in the apartment and create a list of furniture and inventories subject to the let. The list should be signed and made in two copies, one for you each. In the same manner you should create a list of any deficiencies or damages. This should then be repeated t after the rental agreement expires and the tenant is to move out. You can find standard form for list under Documents and Resources. You should remember that it is always the primary tenant that is responsible for any damages to the property owner.

Deposition and other liabilities

Ask for securities, for example a guarantor, if his/hers income is at the lower end of carrying the rent. Use the Swedish Property Federations standard form for guarantors that you can find at www.itkett.se.

Make sure that there is a valid home insurance for the apartment for the rental period.

Don’t let your tenant pay the rent directly to the landlord.

If you want to be sure not to get a record of non-payments you should pay the rent to the landlord yourself. The tenant will pay their rent to you instead of the landlord.

Contract for the removal of the right of tenure

A subletting tenat never has a rental relation with the property owner or has the right to transfer the contract to him/her. However, the subletting tenant gains right of tenure towards the primary tenant if the rental period continues for more than two years. Therefore you should enter into an agreement on forfeiting the right to this tenancy if the rental period is longer than two years. A form for abstaining the right to tenancy can be found at the rent tribunals’ website www.dom.se/hyresnamnden.

 

2. What should I think of when renting out my condominium or house?

Renting out your rented apartment and renting out a condominium/house are similar processes, however with some important differences noted below. Apart from these you can follow the instructions on renting out your rented apartment above. 

When renting out your condominium you ask your condominium association (bostadsrättsförening) instead of your landlord for permission. Your Bostadsrättsförening should have clear rules on subletting, and in case they deny permission you can appeal to the rent tribunal. If you are renting out your freehold house you do not need to seek any permission. 

The big difference is the rent. A new law introduced in 2013 sets a difference between rent conditions for subletting rented apartments and ownership/condominiums. What applies to condominiums/houses is the following:

The subletting tenant can not ask for refunds of paid rent

There is no possibility for the subletting tenant to appeal for rent paid above the reasonable rent level. That is a difference in comparison to the law on renting out rented accommodation where a subletting tenant can be refunded excess rent for up to a year a posteriori.

 

3.    What if I have a live-in tenant?

Having someone as a live-in tenant is fundamentally different then subletting. When subletting you give over the use of the apartment completely. The meaning of this is that you give the right to another person to independently use the apartment.

Sometimes it can be difficult to show the difference between live-in tenancy and the right to independently use the apartment. This could for example be when the primary tenant is living in another location but the contract still claims that it is a live-in situation. The primary tenant must then be able to prove that they de facto have not given over the right to use the apartment fully. To for example seal a room is usually not considered sufficient to do this, if the primary tenant is seldom or never present in the apartment.

 

 

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