The cancellation time when renting
Hej,I have a question regarding my cancellation note. I am renting an apartment from a private person, the apartment is located on the top floor of the landlord's house. I have been living in the apartment for 8 months and my rental contract reads a cancellation note of three months. I found another apartment and will move in December and cancelled my current apartment to the end of September as I received confirmation that I could move into my new apartment. To avoid paying double rent in December I actively searched for tenants myself. I was looking for a person who could take over my apartment in December. I advertised on the internal homepage of the company I am working for, on Blocket and in several Facebook groups. As I live in Goteborg where living space is rare I got more than 100 of interests. I forwarded interesting candidates to my landlord, however his list of requirements to a potential tenant is very long, i.e. the tenant must be a woman, single, not too young, steady income, permanent employment, no kids, no pets, non-smoker, must not work from home etc.Due to these requirements I ended up in a situation where I could not find anyone suitable to take over my current apartment and will pay double rent in December, although I must have forwarded him contact details of at least 20 potential tenants, all either academics or in permanent jobs, non-smokers etc.I have a good relationship with my landlord and would like to maintain it. I wonder though if it is lega
Lawline svarar
Hi! Your question didn't come along in your description. Anyway, I suppose your question was: if you have to pay for two rents, even if you cancelled the rent for the first apartment. (I also presume that it is not agreed between you and landlord that you have to rent for 12 months or so on – the contract doesn't have a timeframe for the times that you have to rent the apartment.)
The regulation for tenants and landlords requires that there is a fixed time for cancellation determined in the contract. Otherwise, the times for cancellation is referred in the law (see 4 § hyreslagen or 3 § privaturhyrningslagen, depends on what kind of rent it is). In the certain situations, the law might be used before the contract, especially when the contract is less beneficial for the tenant.
If it is, as you say, that you are renting a room from a private person, privatuthyrningslagen would be applicable on this situation. It means that the cancellation time only was 1-month, and the contract stopped working in November. Since, you still was living in the apartment in November and you only could move out to the new apartment in December, it may be seen as the contract still was in force in November (or there where another similar agreement between you). As you still didn't move out in November, you have to pay for December, because 1-month cancellation time may still apply (because both of you seemed to think (had the intention) that the contract still was in force, according to what you describe).
If hyreslagen applies, the time for cancellation would still be 3-months and it means that you have to pay for the third month, December, anyway; of course, only if you do not find someone to replace you in December.
I hope you got the answer to your question! Don't hesitate to contact us again, If you have any further questions!
