Subletting Rules: Your Guide to Renting Out in Second Hand

Renting out your apartment in second hand, also known as subletting, can be an excellent solution for both those who need temporary accommodation elsewhere and those who want to earn some extra money from their unoccupied dwelling. But before you get started, it is crucial to understand the specific subletting rules that apply in Sweden. These rules protect both you as the primary tenant and the new tenant, and failing to follow them can lead to serious consequences.

Permission from the Landlord: Basic Requirements

The very first and most important step before even considering renting out your apartment in second hand is to obtain written permission from your landlord. Without this permission, you are violating your own rental agreement, which can lead to termination. The landlord has the right to deny the application, but cannot refuse without a reasonable cause. Common reasonable causes include if the intended tenant is deemed unsuitable, if the rent charged is unreasonably high, or if there is a risk of disturbances.

When is permission not necessary?

There are exceptions where you do not need the landlord's permission. This primarily applies in cases of:

• Illness or military service: If you become long-term ill or have to perform military service.
• Extended stay abroad: If you will be staying abroad for a longer period, for example, for studies or work.
• Trial cohabitation: If you want your cohabitant to remain in the apartment while you are away.

In these situations, you must still report the subletting to the landlord, but you do not need to actively apply for permission. However, it is always best to have a dialogue with your landlord to avoid misunderstandings.

Tenant's Responsibilities in Subletting

Even when you sublet your apartment, you as the primary tenant remain the one who has the contract with the landlord. This means you have continued responsibility for the apartment and for ensuring that the rent is paid on time. You are obliged to ensure that the person renting from you behaves properly, does not disturb neighbors, and does not misuse the property. If the new tenant violates the rules, it could lead to the termination of your own rental agreement.

Choosing the right tenant

It is of utmost importance that you carefully choose whom you rent out to. Check references, ask for a credit check if possible, and ideally have a personal meeting. Renting to someone you do not know well can involve significant risks.

Rental Level and Agreement

A common pitfall in subletting is the rent setting. You are not allowed to charge your subtenant a higher rent than you yourself pay to your landlord, plus a reasonable compensation for furniture and operating costs if the apartment is furnished. Charging an unreasonably high rent is a violation of subletting rules and can lead to you having to repay the difference and your rental agreement being terminated.

Importance of a written agreement

Even if it is a subletting, you and your subtenant should draw up a written agreement. This agreement should clearly specify the rental period, the rent amount, what is included (e.g., electricity, internet), and which rules apply. This protects both of you and reduces the risk of disputes. It is a good idea to use standardized templates for subletting agreements, which are often available through organizations like the Tenants' Association.

Frequently Asked Questions about Subletting

Can I sublet my condominium (bostadsrätt)?

Yes, but even for condominiums, permission from the board of the housing association is required. The rules are similar to those for rental apartments, although the association's statutes may have specific provisions.

What happens if I sublet without permission?

If you sublet without permission, you risk losing your apartment. The landlord can terminate your rental agreement, and even if you then move out the new tenant, the termination may still stand.

Can I charge a deposit?

Yes, it is common to charge a deposit as security for any damages or unpaid rent. However, the deposit must be refunded when the tenant moves out, provided there are no damages or debts.

How long can I rent out for?

Normally, permission is required for a subletting that lasts longer than two years. Shorter sublettings, occurring for reasonable causes, can be approved for longer periods. It is always the landlord's assessment that applies.