How long notice period do I have as a tenant according to privatuthyrningslagen?
Lawline svarar
Hi and many thanks for contacting us at Lawline,
The legislation that primarily needs to be taken into account when processing your case is the Act on renting out one's own home, in Swedish: lagen om uthyrning av egen bostad (privatuthyrningslagen). Before we begin I just want to clarify one thing: My mother tongue is Swedish why I want to take the opportunity to apologize in advance if my English below is not entirely accurate.
General points of reference
3 § privatuthyrningslagen states that the rental agreement is valid for an indefinite period, unless a fixed rental period has been agreed. If the lease is for an indefinite period, it must be terminated to expire. An agreement entered into for a certain period of time ceases to apply at the end of the rental period. Such an agreement can also be terminated before this time.
The same provision further states that the tenant (you) may terminate the lease to cease to apply at the turn of the month, which occurs no earlier than one month from the termination. The landlord may, without the tenancy being forfeited, terminate the lease to expire at the turn of the month which occurs no earlier than three months from the termination, unless a longer notice period has been agreed.
In other words, there is a different notice period depending on which of the parties who wants to withdraw from the rental agreement and this regulation aims to protect the tenant.
Your case - What applies here?
In the light of the above, the answer to your main question is that you have the right to leave the apartment on January 31. The fact that the current agreement stipulates a mutual notice period of three months is irrelevant. 2 § privatuthyrningslagen states that contractual terms which in comparison with the provisions of privatuthyrningslagen are to the disadvantage of the tenant (you) or the person who has the right to act in his or her place are without effect against him or her, unless otherwise is stated in the Act (which is not the case here).
The freedom of contract is extensive in Sweden, which is why it is completely possible for you and your landlord to agree on whatever you want to, for instance that the latter will keep the deposit instead of you paying more in rent. For obvious reasons, you should not pay too much, which is why you also have to compare the size of your deposit with the total amount of rent you owe during the notice period, i.e. until January 31. And the above mentioned form has no bearing on your right to withdraw from the lease according to law. Once again, have a look at 2-3 §§ privatuthyrningslagen.
Final words and further advice
If you have more questions, you are most welcome to get in touch again. Either here on the website and then through some of our excellent payment services or through our regular agency operations. I myself can be reached at jacob.bjornberg@lawline.se and you are more than happy to contact me directly if you would like further help in the continuing process.
Note, however, that in the area of criminal and tax law we only provide certain types of initial advice like this and then within the framework of our express service that you have now used. The agency does not fully undertake any such assignments. In that case, you need to turn to an agency specialized in criminal and/or tax law.
But we can assist you in any future process and continue to act as your representative. We can also assist with the preparation of all necessary documentation, for example when writing a letter of demand, counterclaim and/or other written opinion. In that case, just let me know by sending an email to the address mentioned above.
In conclusion, it is the lively hope that my handling of your matter has been useful and presented to you in a comprehensive and satisfactory form. Please provide feedback by submitting a review when you receive such a request. And of course, Merry Christmas!
Best regards,
