Longer notification period for privately leased residences is not upheld by the law
Hi, I rent an apartment that is part of a villa. It's private lease (privatuthyrning), the landlord just rents out a part of his own property. Now we are leaving, back to our home country, and according to the contract there is a 3 months notification period. However, I wanted to make sure if this is legal, as I read that with privatuthyrning the law prescribes one month notification on the side of the tenant (me). Is this correct? Does it matter that I signed a contract that states 3 months, or does the law overrule that?
Lawline svarar
Hello, and thank you for contacting Lawline with you question!
When parts of a privately owned property is being rented out the Lag (2012:978) om uthyrning av egen bostad is appplicable (the law about renting of private Residence). The law prescribes a one month notification period (3 §) for the tenant. It is always possible to agree on terms that are to the tenant's advantage, but since a longer notification period on your part would be a disadvantage it would not be upheld by a court (2 §).
So, the short answer is that the law will overrule the contract when it comes to the part about the longer notification period.
I hope this answers your question!
Kind regards,
