Do I have to pay when overstaying a short rental contract?
Hi! I hope you can help. I have an inneboende contract that ended on 31st of October 2018. The contract was made with three months renting period with a one-month uppsägningstid. When the end of the renting period came, the landlord and I did not talk about ending or renewing the contract. But of course I paid for November, because I was still living in the apartment. I then wrote to my landlord the 7/11 that I did not want to extend the contract and I would be out by 30/11. He now claims that I have to pay for December because I have not told him I want to move in time - one-month prior. But the contract has expired the 31/10. He says that I have to pay because of the uppsägningstid and because he does not have time get new people to rent the apartment. And if I don't pay he will use my deposit to pay for December. So my question is, is it correct that I have to pay for December month?
Lawline svarar
Hello!
Thank you for coming to Lawline with your question.
Law regarding renting is regulated in Jordabalken 12 kap (JB). The chapter focuses on everyone renting, including inneboende.
Your case seems to be about a contract with a definite termination. This means that they have a set date when the rental agreement expires.
If you have stayed at the apartment for less than nine months
It seems like your contract has only been ongoing for three months. If you have been staying in the apartment for less than nine months, the contract turns into an indefinite contract only when you have overstayed by at least one month after the contract ended without the landlord asking you to move out. In your case, that would be the last of November (12 kap 3 § 3 stycket, andra punkten JB).
If you have stayed at the apartment for less than nine months and you moved out before the start of December, your contract is not valid through December and you do not have to pay.
If you have stayed at the apartment for at least nine months
If your contract has been ongoing for more than nine months, you have to actually cancel it for it to cease (12 kap 3 § 2 stycket JB).
Since your contract expired on the 31st of October, but neither you nor the landlord have manually cancelled it before the upcoming month, the contract automatically converts into an indefinite agreement. This is provided that you have lived in the apartment for at least nine months (12 kap 3 § 3 stycket, första punkten JB).
If you stayed for more than nine months, your rental agreement is now indefinite. This means that your regular uppsägningstid is valid. In that case, you will have to pay for December.
I hope this answered your question!
Best regards,
