Can I be evicted for renting without my landlord's permission?


I was lucky to get first hand contract and didn't want to lose apartment but couldn't moved in from the first day and rented out without permission. Only me, my wife and my children are registered at adress. Current tennant lives there without registration on adress. Not at all pleasant with knowing i did something wrong so we will be moving in my flat soon. My question is can i loose first hand contract if landlords finds out and be evicted without any warnings to make things done first. Thinking of my children.


Lawline svarar

Hi and thank you for your question!

Tenancy is regulated in the 12th chapter of the Swedish Land Code (s. jordabalken). Pursuant to section 39-40, a tenant may not sublet the apartment without the landlord's consent or unless permission is granted by the regional rent tribunal (s. hyresnämnden). Consequently, the tenancy is forfeited and the landlord is entitled to terminate the agreement if the tenant transfers the tenancy or sublets the apartment without necessary consent or permission (section 42 p. 3). However, the tenancy may only be forfeited if the tenant does not, after being called upon by the landlord to do so, without delay either rectify the matter or apply for permission and have the permission granted.

So to answer your question, you cannot be evicted from your apartment without a warning from the landlord. Supposing a warning is given, the landlord must nevertheless let you apply for permission from the rent tribunal. Permission is to be granted if the tenant has notable reason for renting the apartment and the landlord does not have any justifiable reason for refusing consent (section 40). Such notable reasons can be related to age, illness, temporary employment in another locality, special family circumstances and other comparable circumstances.

I hope my answer was helpful!


Simon WikströmRådgivare
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