Second-Hand Rental Agreements – What's Legal?

Renting out or renting in the second hand is common in Sweden, but many rules and laws must be followed for a second-hand rental agreement to be legal. This article aims to clarify what applies to second-hand rentals and answer common questions to protect both tenants and landlords from irregularities.

Basic Rules for Second-Hand Rentals

For a second-hand rental agreement to be legal, permission from the owner or manager of the property is usually required. Without this permission, the agreement can be invalid and lead to problems for both the tenant and the primary tenant.

What is required to rent out in the second hand?

To rent out your home in the second hand, you typically need permission from your landlord or housing association. The reason permission is required is that the landlord has responsibility for the property and its residents. Renting out without permission can lead to you losing your primary right to the dwelling.

Can I rent out my home without permission?

No, it is generally not permitted to rent out your home in the second hand without written permission from your landlord or housing association. If you rent out without permission, you risk having your primary lease terminated. This is a crucial aspect for a second-hand rental agreement to be legal.

What is a valid second-hand contract?

A valid second-hand contract should clearly state the rental period, rent amount, which areas are included in the rent, and the parties' names and contact details. It is important that the contract is in writing and signed by both parties. Always verify that the primary tenant has received permission from their landlord to sublet.

Can I charge a higher rent in the second hand?

You, as the primary tenant, may not charge your second-hand tenant a higher rent than you pay to your landlord. However, it is permissible to charge a small surcharge to cover your own costs, such as electricity and broadband, but this should not exceed 10-15% of the original rent. Charging an unreasonably high rent does not make the second-hand rental agreement legal.

How long can I rent out in the second hand?

Permission for second-hand rentals is usually granted for a limited time, typically up to two years. If you need to rent out for a longer period, you must apply for an extended permit. The purpose of the time limit is to prevent second-hand rentals from becoming a permanent housing solution that bypasses primary rental regulations.

What happens if my landlord says no?

If your landlord denies you permission to rent out in the second hand, you can, in certain cases, turn to the Rent Tribunal (Hyresnämnden) to have the matter reviewed. This particularly applies if you have valid reasons, such as studying or working in another location. The Rent Tribunal can then grant you a time-limited permit.

Can I rent out furnished in the second hand?

Yes, it is entirely possible to rent out a furnished place in the second hand. If the dwelling is furnished, you can charge a slightly higher rent, but it's still important that the rent is not unreasonably high. A clear description of the included furniture should be part of the second-hand contract.

What is the difference between second-hand rental and having a lodger?

The difference lies in who remains living in the dwelling. In a second-hand rental, the primary tenant moves out completely, and a new person moves in. With a lodger, the primary tenant stays in the dwelling and rents out a room or part of the dwelling. The rules for having a lodger are generally simpler, but it's still important to inform the landlord.

How do I find a legal second-hand contract?

Templates for second-hand contracts are available online, but it's crucial to ensure the template is updated and complies with Swedish legislation. You can search for "hyreskontrakt andra hand mall" to find examples. Always double-check that the contract reflects your agreements and that the primary tenant has landlord permission. A correctly drafted contract is essential for the second-hand rental agreement to be legal.

Can I be evicted if I rent out improperly?

Yes, if you rent out your home in the second hand without permission or charge an unreasonably high rent, you risk having your primary lease terminated and thus being evicted. Even as a second-hand tenant, you can be evicted if the contract is not legal or if the primary tenant is terminated. Therefore, it is crucial to understand and follow all rules regarding a legal second-hand rental agreement. Remember that "andrahandskontrakt regler" (second-hand contract rules) are in place to protect all parties involved. If you are unsure, seek advice from the Tenants' Association (Hyresgästföreningen) or a legal professional.