Hyra hyreslägenhet i andra hand - Engelska
If you rent an apartment from another private person, that individual, referred to as the primary tenant, becomes your landlord. It is therefore the primary tenant to whom you should address any requests or complaints as your landlord.
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Keep in mind
The notice period is usually three months, but it can vary depending upon what you and your landlord have agreed to.
You are responsible for looking after the apartment. If you have caused damage to the rapartment the landlord can require you to pay compensation for the damage.
The rent must be reasonable.
This applies to you as a tenant
The rules for termination vary depending on the type of rental agreement you have.
Indefinite Rental Agreement
An indefinite rental agreement is a lease that continues until you as the tenant or the landlord terminates the agreement.
The main rule is that you as a subtenant have a three-month notice period. This means that if the landlord wants you to move out by the end of June, the landlord must inform you of the termination by the end of March at the latest. The notice period applies from the end of the month that occurs at least one month after the termination.
Example of notice period: The landlord or tenant terminates the agreement on August 12. The agreement then ceases to be valid on November 30.
Agreement for a different notice period
It is possible to agree on a shorter notice period for you as a tenant. If you and the landlord agree, you can decide that you only need to give one month’s advance notice before moving out. This shorter notice period will only apply on your side, i.e. to you as the tenant. If the landlord wants you to move out the landlord is still required give you three months’ advance notice.
It is also possible to agree to require a longer notice period. In that case, both you and the landlord are bound by it.
Fixed-term tenancy
A fixed-term tenancy means that you and the landlord have agreed that you can rent the apartment for a specific period of time.
The notice period for fixed-term tenancies looks like this:
- If the rental period is two weeks or less, the notice period is one day.
- If the rental period is between two weeks and three months, the notice period is one week.
- If the rental period is longer than three months, the notice period is three months.
If the primary tenant (your landlord) gives notice to terminate the tenancy of the apartment you are subletting, you must move out, even if this means that you will have to move out before the three-month notice period has expired. The same applies if the primary tenant is evicted.
If you have incurred any additional costs as a result of such circumstances, you may be entitled to some compensation from the primary tenant for those additional costs. In such a situation, you must be able to produce receipts or similar evidence of the costs for which you are claiming compensation.
You should not have to pay too much rent when you sublet an apartment. The rent must be fair and reasonable. Often you should pay the same rent as the primary tenant.
If the apartment is fully furnished, the primary tentant has the right to make a surcharge on the rent. The surcharge may not exceed 15% of the rent paid by the primary tenant.
You can also agree on an extra fee so that you can use, for example, the internet or a parking space. The fee may not exceed what the primary tenant pays for these services.
If you believe you are paying too high a rent, you can have the matter reviewed by a regional Rent and Tenancies Tribunal. If the Rent Tribunal also considers the rent to be too high, you have the opportunity to receive a refund of rents already paid up to two years back. In that case, you should receive the difference between the reasonable rent and the rent you actually paid.
It is important that you, as a subtenant, take good care of the apartment. If you have caused damage or the apartment has suffered abnormal wear and tear, you will be responsible for paying compensation for this. The landlord may therefore insist that you restore the apartment or compensate financially for the damage.
What is regarded as normal wear and tear must be assessed on a case-by-case basis. Factors to take into account include how long you have lived in the apartment and the extent of the damage.
