Rental Agreement Upon Transfer: What Applies to You as a Tenant?

What is a Rental Agreement Upon Transfer?

A rental agreement upon transfer, also known as a tenant change or lease assignment, means that an existing tenant leaves their dwelling, and a new tenant takes over the right to rent. This is not the same as subletting, where the original tenant retains their contract and responsibilities. In a transfer, the new tenant steps into the existing agreement, but it usually requires the landlord's approval.

Types of Transfers

There are several reasons why a transfer might occur:

• Relationship Breakdown: When a cohabiting relationship ends, and one partner wishes to take over the tenancy.
• Inheritance: When a tenant passes away, and a relative who lived in the apartment wishes to take over the contract.
• Exchange: Sometimes landlords may permit tenant exchanges under specific conditions.

It's important to distinguish between a transfer and subletting. In subletting, the original tenant keeps their contract and responsibilities, whereas in a transfer, the new tenant completely replaces the old one in the agreement. This always requires the landlord's approval.

Tenant Rights in Case of Transfer

As a tenant, you have certain rights regarding the transfer of your rental agreement, but also obligations. For a transfer to be valid, the landlord usually needs to approve the new tenant. This approval cannot be denied without a reasonable cause. The landlord has the right to assess the new tenant's financial standing and suitability.

When Can a Landlord Refuse?

A landlord can refuse a transfer if:

• The new tenant does not have sufficient income to pay the rent.
• There is reason to believe the new tenant will not take good care of the property or neighbors.
• The transfer occurs in connection with the original tenant moving to another of the landlord's properties.

New Tenant's Rights

Through the transfer, the new tenant gains the same rights and obligations as the previous tenant. This includes the right to continue living in the apartment, but also the obligation to pay rent on time and care for the property. It is crucial for the new tenant to understand the implications of a rental agreement upon transfer.

The Process for Transferring a Rental Contract

The process for a rental agreement upon transfer can vary slightly depending on the landlord, but the basic principles remain the same. Here are the steps typically involved:

1. Application for Transfer: The current tenant applies to the landlord to transfer the contract. The application should include information about the intended new tenant.
2. New Tenant's Credit Check: The landlord conducts a credit check and assesses the new tenant's suitability.
3. Approval or Denial: The landlord communicates their decision. If approved, a new rental agreement or an addendum to the existing one is drawn up.
4. Signing: Both the old and new tenants, along with the landlord, sign the necessary documents.

It is important not to move in or out before the transfer is formally approved and agreed upon. Attempting to transfer a rental contract without the landlord's knowledge and approval can lead to the termination of the contract.

Important Considerations

• Written Agreement: Always ensure you have a written agreement documenting the transfer.
• No Hidden Fees: Be aware that no money should be exchanged for the transfer itself. Only the right to rent is transferred.
• Time Limits: Some transfers may be time-limited, especially in cases of relationship breakdowns.

FAQ on Rental Agreement Upon Transfer

Can I charge a fee for transferring my rental contract?

No, it is not permissible to charge a fee for the transfer of a rental contract itself. The right to rent is not a commodity that can be sold. However, you may receive compensation for things like furniture or renovations you've made to the apartment, but this must be clearly specified and not tied to the right to stay.

What happens if the landlord denies the transfer?

If the landlord denies the transfer without a reasonable cause, you as a tenant can turn to the Rent Tribunal (Hyresnämnden) to have the matter reviewed. The Rent Tribunal can then decide if the transfer can proceed despite the landlord's refusal.

Can I transfer my contract to anyone?

No, you cannot transfer your contract to just anyone. The landlord has the right to approve the new tenant. This is especially true for transfers not based on cohabitation or inheritance, where the landlord's assessment of the new tenant's suitability and financial situation is crucial.

What is the difference between a transfer and subletting?

In a transfer, a new tenant fully steps into the existing rental agreement, and the original tenant ceases to be a party to the agreement. In subletting, the original tenant retains their agreement and responsibilities but lets the apartment to someone else for a limited time. Both require the landlord's approval.

How long does the process for a rental agreement upon transfer take?

The process can vary depending on the landlord's processing times and how quickly the new tenant can provide the necessary information for a credit check. Expect anywhere from a couple of weeks to over a month. It's important to maintain communication with the landlord throughout the process.