# Second-Hand Rental Contract: What is Legal? *12 juli 2026* > A correct second-hand rental contract is crucial for both tenant and landlord. Learn what applies to avoid problems. Renting out or renting a property in the second hand is becoming increasingly common in Sweden, especially in metropolitan areas where housing shortages are significant. But what does a **second-hand rental contract** actually entail, and what legal aspects must be considered? This article aims to clarify the most important rules and common pitfalls to ensure a safe and legal second-hand rental arrangement. Having a clear and legally sound **second-hand rental contract** is fundamental to protecting both the person renting out (the original tenant) and the person renting (the new tenant). Without such an agreement, both parties risk getting into disputes that can be both time-consuming and costly. It is important to understand that second-hand rentals have specific rules that differ from first-hand rentals. ## Basic Rules for Second-Hand Rentals Before delving deeper into the contract itself, it's crucial to understand the basic conditions for renting out a property in the second hand. According to Swedish law, primarily the Land Code (Jordabalken), permission from the original landlord (property owner) or the housing cooperative is required to rent out one's dwelling in the second hand. Renting out in the second hand without permission can lead to the termination of the first-hand rental agreement. ### Requirements for Permission To obtain permission, you as the first-hand tenant need to have justifiable reasons for the subletting. Common reasons include: * Temporary work in another location. * Illness requiring care elsewhere. * Studies in another location. * Extended stay abroad. * Trial cohabitation with a partner. The Rent Tribunal (Hyresnämnden) can grant permission if the landlord unreasonably opposes the subletting. It is important to apply for permission well in advance of the intended rental period. ### The Landlord's Role The original landlord has the right to be informed about who will rent the property and to approve the new tenant. This is to ensure that the second-hand tenant is also suitable and can fulfill their obligations. ## What a Second-Hand Rental Contract Should Include A **second-hand rental contract** should be in writing and clearly specify all terms and conditions applicable to the rental. Below are important points that should be included: ### Parties and Property * Full names and personal/organization numbers of both the first-hand tenant and the second-hand tenant. * Full address of the property, including the apartment number. * Information about any additional spaces included, such as storage rooms or parking spaces. ### Rental Period and Termination * Specify whether the rental is for an indefinite period or for a fixed term. If it's a fixed term, state the start and end dates. * According to law, the notice period for a tenant is three months, and for a landlord (first-hand tenant), it is usually also three months, unless otherwise agreed. For rentals of a fixed term shorter than three months, the agreement terminates without notice at the end of the rental period. ### Rent and Deposit * State the total monthly rent. It is important to note that the first-hand tenant cannot charge the second-hand tenant a higher rent than what the first-hand tenant pays to their landlord. If the rent is higher, it may be considered unreasonable. * Specify if a deposit is required, the amount, and the conditions under which it will be refunded. The deposit should not exceed a reasonable amount, often equivalent to 2-3 months' rent. ### Conditions of Use * Clarify how the property may be used. For example, whether smoking is permitted or not, and if pets are allowed. * Specify who is responsible for electricity, water, heating, and internet if these are not included in the agreed rent. ### Maintenance and Care * Describe the division of responsibility for minor maintenance and care of the property and any common areas. * Information on how damages should be reported and who is responsible for the costs of damages. ## Common Pitfalls and Legal Risks Failure to comply with the rules can have serious consequences. Here are some common pitfalls to watch out for regarding **second-hand rental contracts**: ### Unauthorized Subletting As mentioned earlier, renting out without permission from the landlord or housing cooperative is a breach of contract. This can lead to the termination of the first-hand rental agreement, meaning both the first-hand tenant and the second-hand tenant must move out. ### Unreasonable Rent Charging an excessively high rent for the second-hand rental is not permitted. The rent cannot be higher than the actual rent the first-hand tenant pays, plus any costs for furniture or specific operating costs related to the second-hand rental (e.g., electricity, internet if not included in the first-hand rent). The Rent Tribunal can assess if a rent is unreasonable. ### Deficient Contract An oral agreement or a deficient written agreement can lead to misunderstandings and disputes. It is therefore crucial to have a clear, written **second-hand rental contract** that covers all relevant aspects of the rental. Templates for **second-hand rental agreements** are available, but it is important to adapt them to the specific situation. ### Improper Handling of Deposit If the first-hand tenant does not refund the deposit despite the second-hand tenant having fulfilled their obligations, this can lead to a dispute. The deposit should only be used to cover any damages caused by the second-hand tenant or unpaid rent. ## Advice for Both Tenant and Landlord To ensure a smooth and legal second-hand rental arrangement, follow these tips: * **Always Obtain Permission:** Both the first-hand tenant and the person wishing to sublet must ensure that the necessary permission has been obtained. * **Use Written Agreements:** A written rental contract is your best security. Use templates from reliable sources and adapt them. * **Be Clear About Terms:** Discuss and agree on rent, deposit, notice period, and other important conditions before signing the contract. * **Document the Property's Condition:** Upon moving in and out, take photos and note the property's condition together with the other party to avoid future disputes about damages. * **Know Your Rights and Obligations:** Read up on the rules for second-hand rentals through tenant organizations or other relevant sources. ### **Second-Hand Rental Contract**: Important FAQ #### Can I charge more rent than I pay myself? No, as a first-hand tenant, you generally cannot charge the second-hand tenant a higher rent than you pay your landlord. However, you may add a certain percentage to cover costs for furniture or other specific expenses incurred by the second-hand rental (e.g., electricity, internet if not included in the first-hand rent). The Rent Tribunal can determine if the rent is unreasonable. #### What is the notice period for second-hand rentals? Unless otherwise agreed, the standard notice period is three months for both tenant and landlord. If the rental agreement is for a fixed term shorter than three months, the agreement terminates without notice at the end of the rental period. #### What happens if I rent out without permission? If you rent out your property in the second hand without permission from your landlord or housing cooperative, you risk having your first-hand rental agreement terminated. This could lead to both you and your second-hand tenant having to move out. #### Can I use a standard rental agreement template? It is best to use a template specifically designed for second-hand rentals, as there are special rules that apply. These templates ensure that all necessary clauses for a **second-hand rental contract** are included. #### How should the deposit be handled? The deposit serves as security for the landlord (first-hand tenant) against potential damages or unpaid rent. It should be refunded to the tenant after moving out, provided there are no claims. The amount should be reasonable, typically equivalent to 2-3 months' rent.