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13.6 Rental of an apartment or a house

The following is a brief overview of Swedish tenancy regulations. Lawyers or real estate agents should be consulted for more detailed information, including when missions consider renting or purchasing premises for chancery or residential purposes.

Tenancy agreement

A tenancy agreement can be concluded either in writing or orally. Concluding a written contract is strongly recommended as it gives both parties a stronger position if a dispute arises.

Unless otherwise indicated, a tenancy agreement applies for an indefinite period. A tenancy agreement can also be concluded for a fixed term. If the tenancy has lasted for more than nine consecutive months, notice of cancellation is always required for termination of the agreement. Notice of cancellation must be given three months prior to the termination of an agreement concerning a dwelling unit and nine months prior to the termination of a non-housing agreement. As a rule, notice of cancellation should be carried in writing.

The tenant must not sublet the entire unit without the landlord's consent (to do so would be grounds for eviction). Permission is not required to sublet a room or share the unit with other persons.

Model rental agreement

Guarantees and deposits

When entering into a tenancy agreement, the landlord can stipulate that a mission must arrange for a bank guarantee that will ensure payment of the mission's rent through its bank. Before entering into a tenancy agreement, the landlord will often require the tenant to pay a deposit to cover any damages in the event that they fail to fulfil their responsibilities as a tenant.

Responsibilities of the tenant

The primary responsibility of the tenant is to pay the specified rent to the landlord. Rent must be paid no later than the last weekday before the start of each calendar month.

The tenant may not use the unit for purposes other than those intended in the agreement. The tenant is required to take good care of the unit and its fixtures. They are obliged to repair all damage caused by fault, negligence or neglect. When using the unit, the tenant must ensure that neighbours are not disturbed. If the tenant fails to fulfil their obligations, the ultimate consequence may be forfeiture of the tenancy, which will then entitle the landlord to cancel the agreement. If an agreement is cancelled on grounds of forfeiture, the landlord is entitled to damages.

Responsibilities of the landlord

The landlord must provide the unit in a condition that it is fully serviceable for the intended purpose, in accordance with the standards at the location. The landlord is also obliged to keep the unit in such condition through maintenance against ordinary wear and tear.

Security of tenure

As a rule, the tenant enjoys security of tenure and has the right to stay in the rented unit and cannot be evicted without grounds. This means that a landlord may only refuse to grant the tenant an extension of the tenancy agreement if the tenant has committed serious breaches of the tenancy agreement. The agreement can also be cancelled if warranted by external factors, such as extensive renovations. However, a  tenant may waive their security of tenure in a separate agreement with the landlord. The general rule is that such an agreement is valid only if approved by the regional rent tribunal.

After two years, a person subletting a unit from the tenant receives security of tenure vis-à-vis the tenant (not vis-à-vis the landlord).

Tenants of non-housing premises do not enjoy security of tenure, but are entitled to financial compensation if the tenancy agreement has lasted more than nine consecutive months and is terminated in advance by the landlord without grounds.

For more information regarding security of tenure, please contact the regional rent tribunal or visit its website where relevant standard forms can be obtained.

Regional rent tribunal (in Swedish) - external website,

Value-added tax in respect of mission premises

Swedish law does not require a landlord to pay valute-added tax (VAT) when letting out units. By applying to the Swedish Tax Agency, a landlord can voluntarily become liable to pay VAT. If a diplomatic mission rents a unit from a landlord who is liable to pay VAT, it is entitled to reimbursement.

Contact

Protocol Department
Ministry for Foreign Affairs
Visiting address Gustav Adolfs torg 1
Address 103 39 STOCKHOLM
email to Protocol Department
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