# Rental Agreements in Sweden: What Applies to Subtenants *Conny Ståhl* *30 juni 2026* > A proper rental agreement for a subtenant is crucial to protect both you as the tenant and your subtenant. Learn what applies according to Swedish law. Renting out a part of your home, whether it's a room or the entire apartment while you still live there, is a common way to manage housing situations in Sweden. Whether you are a primary or secondary tenant, you may need to establish a rental agreement for a subtenant. This agreement is not just a formality but a legal document that governs the relationship between you and your subtenant, protecting both parties. A clear rental agreement for a subtenant minimizes the risk of future conflicts and misunderstandings. ## Why a Written Rental Agreement is Important Although verbal agreements can be valid in Sweden, it is highly recommended to always create a written rental agreement for a subtenant. This is especially true for subletting, where the landlord may have their own rules. A written agreement provides clarity on: * **Rental Period:** When the agreement begins and ends. * **Rent:** How much the subtenant should pay, including any utility costs (electricity, water, internet) and how they should be divided. * **Notice Period:** The notice period applicable to both you and the subtenant. * **Rules for the Property:** House rules, regulations regarding smoking, pets, visitors, etc. * **Responsibility:** Who is responsible for what, such as damage to the property. Having these points documented reduces the risk of disputes. If a conflict arises, the agreement serves as proof of your mutual understanding. ### Rights and Obligations for You as the Primary Tenant When you sublet, either a room or your entire dwelling, you have certain obligations towards your landlord and your subtenant. Firstly, you must have your landlord's permission if you are renting out the entire apartment. If you are only renting out a room in a dwelling where you also reside, permission is often not required, but it's always wise to double-check with your landlord. A proper rental agreement for a subtenant is your tool to ensure your subtenant respects your rules and those of the landlord. You are ultimately responsible for your property towards the landlord. This means if your subtenant causes damage or disturbances, it could ultimately fall on you. Therefore, it's important to choose a reliable subtenant and have a clear agreement that outlines responsibilities. ### Rights and Obligations for the Subtenant Subtenants also have rights. Even if the agreement is often drafted by the primary tenant, it must comply with applicable legislation and good practice. Subtenants are entitled to: * **Fair Rent:** The rent must be reasonable. If you are renting out the entire apartment, you cannot charge the subtenant more rent than you yourself pay. If you are renting out a room, the rent may be proportionally higher to cover your costs and the added benefit the subtenant receives. * **Security:** A subtenant who has lived in the property for a certain period (usually 3 months) has a right of residence, meaning you cannot simply terminate the agreement without good cause and a proper notice period. * **Information:** The right to information about the property's rules and condition. It is important for subtenants to also understand their obligations, such as paying rent on time, adhering to house rules, and not causing disturbances. ## Points to Consider When Drafting a Rental Agreement for a Subtenant When creating a rental agreement for a subtenant, ensure you include the following points: ### 1. Parties Involved State the full names and personal identification numbers (or organization numbers) of both you (the lessor) and the subtenant. ### 2. The Property Clearly describe which part of the property is being rented out. Is it a room? Which room? Does it include access to the kitchen, bathroom, common areas? ### 3. Rental Period and Notice Specify the start date and whether the agreement is for an indefinite period or a fixed term. Clearly state the notice periods. For subtenants who have lived in the property for more than three months, a three-month notice period typically applies to both parties, unless otherwise agreed in a way that benefits the subtenant. ### 4. Rent and Deposit State the amount of rent, what it includes (heating, water, electricity, internet, etc.), and when it is due. Also, specify if a deposit is required and its amount. The deposit should be returned after moving out, provided there are no damages or unpaid rent. ### 5. Rules and Responsibilities List any house rules, such as quiet hours, smoking policies, pet policies, and how common areas should be maintained. Define who is responsible for what, for example, in case of damages. ### 6. Landlord's Permission If you are subletting your entire apartment, you must have permission from your landlord. It's good practice to attach a copy of this permission to the rental agreement, or at least refer to it. ## Frequently Asked Questions About Rental Agreements for Subtenants ### Can I charge more rent than I pay myself? If you are subletting your entire apartment, you cannot charge your subtenant more rent than you yourself pay to your landlord. If you are renting out a room, the rent can be higher than a proportional share of your own rent, provided it is reasonable and covers your additional costs and the extra benefit the subtenant receives. However, it's important that the rent is not unreasonably high. ### What happens if the subtenant doesn't pay the rent? If your subtenant fails to pay rent, you as the primary tenant are responsible towards your landlord. You may have to pay the rent yourself. You then have the right to terminate the agreement with your subtenant, but this must be done according to the applicable notice period rules. Therefore, it's crucial to have a clear payment plan in the rental agreement. ### Do I need permission to take in a subtenant? If you are renting out a room in your home where you also reside, you generally do not need permission from your landlord. However, if you are renting out your entire apartment, even if you continue to live in a part of it, landlord permission is almost always required. Always check your own rental agreement or contact your landlord. ### What is the notice period for a subtenant? If a subtenant has lived in the property for more than three months, a three-month notice period typically applies to both parties. This applies unless otherwise agreed in a way that benefits the subtenant. If the agreement is for a fixed term, it ends at the end of the term without notice, unless otherwise agreed. ### What is a right of residence for a subtenant? A right of residence means that a subtenant has the right to stay even after the agreement has expired, under certain conditions. For subtenants who have lived in the property for more than three months, an indirect right of residence applies, meaning you as the lessor must have a valid reason to terminate the agreement. If you terminate the agreement without a valid reason, the subtenant may be entitled to compensation. The rules surrounding the right of residence can be complex, especially when renting out individual rooms.