Renting a second-hand flat: permission, rent and the contract
For an ordinary rental flat, the person subletting needs permission. Rent limits differ from those for a privately owned home.
The person subletting a rental flat needs the landlord’s consent or permission from the rent tribunal. An agreement with you is not enough.
This guide covers renting an ordinary rental flat (hyresrätt) from its tenant. It does not cover privately owned homes or company block leases.
Who is my landlord?
The original tenant becomes your landlord when you rent their flat second-hand. The Swedish Consumer Agency (Konsumentverket) says that is the person to contact with demands or complaints.
The original tenant still has duties towards their own landlord. According to Swedish Courts’ subletting guidance, they remain responsible for paying the rent. They can also risk losing the tenancy if the subtenant behaves badly.
Who needs to arrange permission?
The original tenant must get permission before subletting. If the landlord refuses, that tenant can apply to the rent tribunal (hyresnämnden).
The application explains why the tenant wants to sublet, for how long and to whom. Temporary work or study elsewhere are examples of reasons the tribunal can consider.
A reason alone does not guarantee permission. The Land Code, chapter 12, section 40 also sets other conditions. These concern the landlord’s grounds for refusing and whether the rent is reasonable.
The permission is limited to a period. Do not confuse permission to sublet with a permanent right to the flat.
What should the contract say?
A written agreement helps show the rent, rental period, notice terms and other conditions you agreed. The courts explain this in their subletting guidance.
If the contract is signed before permission arrives, the courts recommend making it conditional on permission being granted.
Section 2 of chapter 12 says the rental agreement must be put in writing if either party asks. The contract does not replace the separate permission needed for subletting.
How much rent can be charged?
The original tenant’s own rent is normally the starting point. For a furnished flat, the furniture addition cannot exceed 15% of that rent.
Charges for included services, such as electricity or internet, cannot exceed the original tenant’s actual costs. These limits appear in the courts’ rent guidance and the Land Code.
The rules described here are for an ordinary sublet of a rental flat. The Land Code has a separate exception where an earlier lease is a block lease.
A privately owned flat is also a different case. The 2026 private-letting law expressly excludes flats held with a rental tenancy. Its rules should not be substituted for these rules on a hyresrätt.
What happens if there is a disagreement?
Konsumentverket says tenants must look after the flat. The person renting it out can seek compensation if the tenant causes damage.
Notice rules depend on the type of contract. A fixed rental period and an open-ended agreement do not always end in the same way.
Where to get help
The rent tribunal can consider applications about excessive rent. The courts explain how tenants can seek a reduction or repayment. A refund is not automatic.
Use the courts’ rent guidance for the application route and time limits. Those details matter if the tenancy has already ended.
