Andrahandsuthyrning
Andrahandsuthyrning is the subletting of a hyresrätt or a bostadsrätt to a third party, without the original tenant or share owner leaving their relationship with the landlord or the association. The person who sublets remains the responsible party towards the landlord or the association throughout the arrangement.
The main rule under jordabalken (1970:994) chapter 12 section 39 is that andrahandsuthyrning requires the landlord's consent. If the tenant does not themselves use the home to what the act calls a beaktansvärd utsträckning (a considerable extent), any letting of all or part of the home counts automatically as independent use, and requires consent or tillstånd (permission) regardless of scope.
If the landlord refuses consent, the tenant can apply for tillstånd from hyresnämnden (the Swedish rent tribunal) under section 40. Tillstånd shall be granted when three conditions are met at the same time: the tenant has beaktansvärda skäl (substantial reasons) for the letting, such as particular family circumstances, age, illness, temporary work or studies in another place, or a longer stay abroad; the landlord has no objective ground to refuse; and the rent, for a bostadslägenhet (residential flat), does not exceed what counts as skälig (reasonable) under section 55 fourth paragraph. A corresponding consent requirement applies when a bostadsrättshavare wants to sublet their bostadsrätt, but there it is the board of the association, not a landlord, that grants or refuses permission, and a refusal can also be brought before hyresnämnden.
The rental price for the sublet itself is quantified in the act, not just a matter of discretion. Under section 55 fifth paragraph, a rent that exceeds what the tenant pays to the landlord shall never count as skälig. The tenant can add a supplement for furniture and equipment, but only up to 15% of their own rent, and a supplement for other benefits, such as electricity or internet, but only matching their own actual cost. If the letting covers only part of the home, the supplement shall be calculated proportionally for the part that is let.
Taking a rent above this has a direct consequence: under section 42 point 6 it is a forverkande ground, that is, a ground for the landlord to terminate the main tenancy early, if the tenant without a valid excuse demands a rent that is not skälig under section 55 fourth paragraph. The unlawful andrahandsuthyrning itself, that is, letting without consent or tillstånd, is a separate forverkande ground under section 42 points 3 and 4.
The Norwegian counterpart is framleie under the husleieloven, see fremleie: there too consent is required, and the landlord can only refuse on objective grounds. The difference lies in how the rent level itself is enforced. Swedish law has a quantified rent ceiling formula for andrahandsuthyrning, with a separate sanction for overcharging; the Norwegian husleielov requires consent for framleie, but has no corresponding regulation of the rent that can be charged to the subtenant.
From Placepoint's ordbok: Andrahandsuthyrning
More information: Riksdagen: Jordabalken (1970:994), Hyresnämnden
English: Subletting (Swedish law sets a statutory rent ceiling on the sublet, unlike most comparable regimes).
Frequently asked questions
Do I need the landlord's consent to sublet?
Yes. As a main rule, andrahandsuthyrning requires the landlord's consent under jordabalken chapter 12 section 39. If the landlord refuses without objective grounds, the tenant can apply for tillstånd from hyresnämnden instead.
What are beaktansvärda skäl?
Beaktansvärda skäl are reasons that hyresnämnden accepts for granting tillstånd for andrahandsuthyrning without the landlord's consent: particular family circumstances, age, illness, temporary work or studies in another place, or a longer stay abroad.
How much rent can I charge when I sublet?
The rent cannot exceed what you pay to the landlord, with a supplement for furniture and equipment of at most 15%, and a supplement for other benefits limited to your own actual cost.
What happens if I charge a rent that is too high?
Demanding a rent above what is skälig is a separate ground for the landlord to terminate the whole main tenancy early, see jordabalken chapter 12 section 42 point 6.
Do the same rules apply to a bostadsrätt?
In the main, yes: a bostadsrättshavare needs the association's consent, not a landlord's, to sublet their bostadsrätt. A refusal can be brought before hyresnämnden.
What is the difference from Norwegian fremleie?
Fremleie under the husleieloven also requires consent, but Norwegian law has no quantified rent ceiling formula or separate sanction for overcharging in the way Swedish law does for andrahandsuthyrning.