Renting Second Hand: Rules and Tips for Secure Subletting

Renting a second-hand apartment is an increasingly common way to find housing in Sweden, especially in major cities where the housing market can be challenging. Whether you're a student, new to the city, or need a temporary solution, subletting offers flexibility. However, for the process to be smooth and secure, it's crucial to know the rules and be aware of important details. This guide provides you with the information you need to navigate the world of second-hand rentals safely.

What does it mean to rent second hand?

Renting second hand means you are renting a property from someone who is themselves a tenant of a primary landlord (usually a housing company or a private property owner). The original tenant, who is now acting as a sub-landlord, is thus subletting their apartment or part of their dwelling to you. This differs from renting directly from a property owner or a housing company.

The Importance of Permission

The most critical thing to understand when looking to rent second hand is that the sub-landlord must have permission from their primary landlord. Without this permission, the subletting can be invalid, and both the original tenant and you as the sub-tenant risk facing consequences. The landlord has the right to deny permission if there is a reasonable cause, for example, if the tenant has not lived in the apartment for an extended period, if the rent is unreasonably high, or if there's a risk of disturbances.

Legal Aspects and Rental Contracts

A clear and correct second-hand rental contract is the foundation for a secure rental. Although there isn't a specific statutory contract solely for second-hand rentals, using one is highly recommended. Swedish tenancy law (Chapter 12 of the Land Code) generally applies to second-hand rentals as well, but there are important differences and additions to be aware of.

What Should a Rental Contract Include?

A comprehensive contract should specify:

• Parties: Full names and contact details for both the sub-landlord and you as the tenant.
• Property: Address, apartment number, size, and any shared spaces.
• Rent and Deposit: The amount of rent, when it's due, and if a deposit is required. Note that the rent cannot be higher than the primary tenant's rent plus reasonable compensation for furnishings and operating costs.
• Rental Period: Start and end dates for the rental. If no end date is specified, it's considered a permanent rental.
• Termination Rules: The notice period applicable (usually three months for permanent rentals).
• Equipment: An inventory list of furniture and items included in the rental.
• Second-hand Rental Rules: Confirmation that permission from the landlord exists or will be obtained.

Risks of Unreasonable Rent

A common pitfall is the sub-landlord attempting to charge an unreasonably high rent. The Rent Tribunal can review whether the rent is reasonable. Generally, the rent should not exceed the original tenant's rent by more than 10-15%, plus compensation for furniture and any additional costs. Paying an unreasonable rent might lead to a refund, but it's always best to avoid the situation from the start by checking the rent level.

Rules for Second-Hand Rentals: What Does the Law Say?

The rules governing second-hand rentals are largely based on tenancy law, but there are specific aspects to consider. One of the most important is that the original tenant has responsibilities towards their landlord. If you, as the sub-tenant, cause damage or disturbances, the primary tenant can be held responsible.

Termination and Security of Tenure

As a sub-tenant, you have a certain security of tenure, meaning you cannot be evicted arbitrarily. For permanent contracts, a three-month notice period usually applies, just like in a regular rental. If you have a fixed-term contract that expires, it ends automatically unless otherwise agreed. However, it's important to remember that the landlord ultimately has the final say. If the primary tenant terminates their contract, it can also affect yours.

Common Pitfalls in Second-Hand Rentals

• Lack of Permission: As mentioned, this is the most common and serious mistake.
• Unclear Contract: A deficient contract can lead to disputes.
• Unreasonable Rent: Can lead to demands for repayment.
• Hidden Defects or Damages: Inspect the property thoroughly before moving in.
• Illegal Subletting: Subletting without permission is a breach of contract for the primary tenant.

Tips for a Secure Second-Hand Rental

To ensure a positive experience when you rent second hand, follow these tips:

1. Verify Permission: Ask to see the landlord's approval for the second-hand rental. This is your most important protection.
2. Write a Clear Contract: Use a standard template or seek legal assistance if unsure. Ensure everything is documented in writing.
3. Conduct an Inspection: Go through the apartment with the sub-landlord before moving in. Document any existing damages with photos and notes.
4. Don't Pay in Advance Without Security: Be cautious about paying large sums in advance, especially deposits, without a valid contract and confirmation of permission.
5. Check the Sub-landlord: If possible, try to get a sense of the person. Are they serious? Are there any reviews?
6. Be Aware of Your Rights: Read up on tenancy law and your rights as a sub-tenant.

Considerations for Sub-Landlords

Although the focus is on you as a tenant, it's good to know that the sub-landlord also has responsibilities. They must have permission, set a reasonable rent, and ensure that you, as the tenant, are comfortable and not subjected to unreasonable conditions. Being a responsible sub-landlord contributes to a better and more reliable second-hand market.

Frequently Asked Questions about Renting Second Hand

### Am I allowed to pay more rent than the primary tenant does?

No, generally you are not allowed to pay more rent than the primary tenant pays their landlord, plus reasonable compensation for furniture and any additional costs. The Rent Tribunal can review the rent if it is unreasonably high.

### Do I need a written contract when renting second hand?

Yes, it is strongly recommended to always have a written rental contract. It protects both you and the sub-landlord by clarifying the terms of the rental.

### What happens if the sub-landlord doesn't have permission from their landlord?

If the sub-landlord lacks permission from their primary landlord, the rental can be considered invalid. You may then have to move out on short notice, and the primary tenant risks eviction. Therefore, verifying that permission exists is crucial.

### Do I have security of tenure when renting second hand?

Yes, you have a certain security of tenure as a sub-tenant, meaning you cannot be evicted without a valid reason and that notice periods must be followed, usually three months for permanent contracts.

### Can I be evicted as a sub-tenant?

Yes, under certain circumstances, you can be evicted. This can happen if you don't pay rent, cause serious disturbances, or if the primary tenant is evicted and your contract depends on theirs. It is also important to adhere to the terms of the contract.