Subletting an apartment

Keep the following in mind

• The notice period is usually three months, but it can vary depending upon what you and your landlord have agreed to.

• You are responsible for looking after the rented home. If you have caused damage to the rented property, the landlord can require you to pay compensation for the damage.

• The amount of rent charged must be reasonable.

Notice to terminate the tenancy

The rules for giving notice to terminate a tenancy differ depending on the type of tenancy and rental agreement one has.

Month-to-month tenancy

A month-to-month tenancy is a periodic tenancy agreement that remains in effect until you or the landlord terminates it after giving proper notice. The principle rule is that you, as a subtenant, are protected by a three months’ notice period. This means that if your landlord wants you to move out by say the end of June, the landlord must inform you of the intent to terminate the tenancy by the end of March. The end of the notice period is at the end of the month that is at least one month after the notice is given. Illustration of how a notice period works: The landlord or the tenant gives notice on 12 August of intention to terminate the tenancy. The tenancy then terminates on 30 November.

Agreement for a different notice period

It is possible to agree on a shorter notice period for you as a tenant. If you and the landlord agree, you can decide that you only need to give one month’s advance notice before moving out. This shorter notice period will only apply on your side, i.e. to you as the tenant. If the landlord wants you to move out the landlord is still required give you three months’ advance notice.

It is also possible to agree to require a longer notice period. In that case, both you and the landlord are bound by it.

Fixed-term tenancy

A fixed-term tenancy means that you and the landlord have agreed that you can rent the apartment for a specific period of time. The notice period for fixed-term tenancies looks like this:

• If the rental period is two weeks or less, the notice period is one day.

• If the rental period is between two weeks and three months, the notice period is one week.

• If the rental period is longer than three months, the notice period is three months.

Can I be forced to move out during the notice period?

If the primary tenant (your landlord) gives notice to terminate the tenancy of the apartment you are subletting, you must move out, even if this means that you will have to move out before the three-month notice period has expired. The same applies if the primary tenant is evicted by the owner of the property. If you have incurred any additional costs as a result of such circumstances, you may be entitled to some compensation from the primary tenant for those additional costs. In such a situation, you must be able to produce receipts or similar evidence of the costs for which you are claiming compensation.

What should I pay in rent?

You should not have to pay too much rent when you sublet an apartment. The rent must be fair and reasonable. Often you should pay the same rent as the primary tenant. If the apartment is fully furnished, the primary tentant has the right to make a surcharge on the rent. The surcharge may not exceed 15% of the rent paid by the primary tenant.

You can also agree on an extra fee so that you can use, for example, the internet or a parking space. The fee may not exceed what the primary tenant pays for these services. If you feel that the rent you are paying is too high, you can have the matter examined by a regional Rent and Tenancies Tribunal. If the regional Rent and Tenancies Tribunal also finds that the rental rate is too high, you have the possibility of obtaining a refund of the rent already paid, limited to the preceding two years. In such a situation you will be entitled to a refund of the difference between the rent that is deemed reasonable and the rent you have actually paid.

Normal wear and tear

It is important that you, as a subtenant, take good care of the apartment. If you have caused damage or the apartment has suffered abnormal wear and tear, you will be responsible for paying compensation for this. The landlord may therefore insist that you restore the apartment or compensate financially for the damage. What is regarded as normal wear and tear must be assessed on a case-by-case basis. Factors to take into account include how long you have lived in the apartment and the extent of the damage.

Disputes with a landlord

If you have a dispute with your landlord, i.e. the primary tenant, you can seek a review of the matter by a regional Rent and Tenancies Tribunal. 

Rent and Tenancies Tribunals website (In Swedish)