A Breach in a Rental Agreement in Sweden: What Are My Options?

Renting out a room or property can be a great way to earn some extra income, but sometimes things don't go as planned and a tenant might breach the agreement. This is obviously a frustrating and stressful experience, but don't worry - there are steps you can take to hopefully resolve the situation in an unproblematic way which we will describe in more detail in this blog.

When you rent out a room in Sweden, it's important to have a clear rental agreement in place to protect both you and your tenant. However, even with the best room rental agreements in place, breaches can still occur. If your tenant breaches the room rental agreement when renting out in Sweden, you as a landlord have several options for resolving the issue.

In this blog, we'll go over each of the options in more detail to help you better understand your rights and obligations as a landlord. Whether you're a commercial landlord or just renting out a room at your apartment or house, this information will help you navigate the process smoothly and ensure that everyone's rights are respected.

What is a Room Rental Agreement?

A room rental agreement is a contract between a landlord and tenant that outlines the terms and conditions of renting a room in a shared living space. This agreement typically covers things like rent payment, security deposit, length of the tenancy, and other important details between the landlord and tenant. We have written a blog on the most important things to consider when writing a room rental agreement in Sweden.

This type of agreement is typically used in situations where the landlord and tenant share common areas like the kitchen, bathroom, and living room. It is important to have a written agreement in place to protect both parties' rights and to ensure a smooth and peaceful tenancy.

What is the Importance of a Room Rental Agreement?

There are many benefits to having a room rental agreement. Without a written room rental agreement, there may be confusion about the terms and conditions of the tenancy, leading to disputes and misunderstandings down the road. A room rental agreement helps to avoid such issues by setting clear expectations for both the landlord and tenant during the rental period.

For the landlord, the room rental agreement provides legal protection in the event that the tenant breaches the agreement. For the tenant, it provides peace of mind and protection against unjust treatment or eviction. A room rental agreement also provides a record of the tenancy and serves as proof of the terms and conditions in the unfortunate event of a dispute.

Where can I find a good template for a room rental agreement?

Hemavi offers digital rental contracts created by legal experts for room rentals in Sweden, where you can easily add an inventory list, etc. We also have a team that is always here to help you with your rental. It doesn't get any simpler than that!

What should I do when a room rental agreement is breached?

1. Send a Written Warning

If your tenant has breached the rental agreement in a minor way, you should always start by sending a written warning. This warning should clearly state what the breach is, and also ask the tenant to correct the wrongful behavior. It's also good to give the tenant a reasonable amount of time to rectify the situation at hand. If your tenant fails to correct the breach after receiving the written warning, you can move on to more serious actions, which we will describe below.

2. Seek Mediation or Arbitration

If the issue cannot be resolved between you and the tenant, you may be able to seek mediation or arbitration. This is a less formal process compared to taking the issue to court, and can often result in a faster resolution which is many times appreciated. Mediation or arbitration can be a good option if you and the tenant are willing to work together to resolve the issue. A mediator or arbitrator can help you and the tenant come to an agreement, which can then be put into writing.

3. Terminate the Agreement

If the breach is more serious, you may have the right to terminate the agreement immediately. However, it is important to make sure that you follow the proper procedures and give the tenant adequate notice according to your agreement. Many times this means that you'll need to provide the tenant with a written notice, stating the reasons for termination and the date when the termination will take effect. The notice period required can vary depending on the specific circumstances, so it's always recommended to consult with a lawyer to understand your obligations as a landlord.

4. File a Claim in Court

If everything else fails, the last resort is to file a claim in court. Before filing a court claim, you as a landlord should ensure that you have all the necessary documentation, including the room rental agreement, as well as any communication with the tenant, and any evidence you have that shows of the breach of the agreement.

To initiate a court claim, you as a landlord must fill out the correct form and submit it to the district court in the area where the rental property is located. The court will then schedule a hearing, and both parties will have the opportunity to present their case. If the court rules in favor of you as a landlord, you can obtain a judgment for eviction, which then can be enforced by law. It's important for you as a landlord to be aware of the potential costs and time involved in the court process and to carefully consider all options before pursuing legal action.

Therefore, it is always advisable for landlords to try to resolve rental agreement breaches without resorting to legal action such as a court claim. We always recommend landlords should first try to communicate with the tenant and seek a solution through negotiation or mediation, which can save both parties a lot of headache down the road.

Conclusion

If a tenant breaches a room rental agreement in Sweden, you have several options for resolving the issue, depending on the severity of the situation. Whether you choose to send a written warning, terminate the agreement, seek mediation or arbitration, or file a claim in court, it's important to understand your rights and obligations as a landlord. It's always a good idea to consult with a lawyer to ensure that you're taking the right steps to resolve the issue in an effective manner. Remember, the specific process and requirements can vary depending on the circumstances, so it's important to seek professional advice if you're not sure what to do.

Are you renting out a room in Sweden?

Check out our Ultimate Guide to Writing a Room Rental Agreement in Sweden – it tells you everything you need to know about room rentals and their lease agreements in Sweden.