Possessory rights, also known as security of tenure, are a central part of Swedish tenancy law, providing tenants with fundamental security in their housing. But when exactly does this protection come into effect, and how does it work when subletting a rental apartment or a privately owned home?
Possessory rights mean that a tenant, in many cases, has the right to continue living in their apartment even if the landlord wants to terminate the lease. The purpose is to create stability and prevent arbitrary terminations, allowing tenants to feel secure in their homes. The rules regarding security of tenure are primarily found in Chapter 12 of the Land Code, also known as the Tenancy Act, as well as in the Act on the Letting of Private Housing (Private Housing Letting Act).
When Does Security of Tenure Apply to First-Hand Contracts?
For those who hold a first-hand contract on a rental apartment, the security of tenure is generally very strong and comes into effect from the first day of the rental period. This means that the landlord cannot simply terminate the agreement but must have valid reasons for the tenant to be forced to move. Examples of such reasons may be that the tenant is grossly negligent, such as through repeated non-payment of rent, late payments, disruptive behavior towards neighbors, or neglect of the home. The security of tenure can also be broken if the property is to be demolished or undergo a major renovation that makes the apartment no longer usable as a dwelling.
Security of Tenure in Second-Hand Rentals
Rental Apartment
The situation becomes more complex when it comes to subletting a rental apartment. If you rent a rental apartment second-hand, you only gain security of tenure after the rental relationship has lasted for more than two consecutive years. It is important to note that this security of tenure is weaker than that which applies to first-hand tenants.
