Partner? Then you have the right to take over the lease from your partner

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Partner Then you have the right to take over the

In Sweden, it is not entirely unusual to live in a rental property. According to Housing Authority’s latest compilation, there were 1,989,632 apartments for rent in the summer of 2023.

Should it be the case that you live in a rental property, you may have thought about how a possible transfer of the rental contract would go about. And when you are legally entitled to take over the home.

In an interview with News24 explains the Tenant Association’s federal lawyer, Johan Mirtorpin which situations it may be possible for you to take over the contract from your partner or close relative.

– If it should happen that a tenant no longer needs his tenancy, and it so happens that the person concerned lives in the apartment in question with someone else, it is possible that the lease can be transferred to this person. However, permission from the landlord is needed for such a transfer to take place.

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Take over the lease? Here are the requirements you must meet

Mirtorp further explains that if it is the case that your landlord would not accept the transfer, or alternatively chooses not to respond to the tenant’s application for transfer, it is possible for you to take the matter further to the Rent Board where you can apply for permission to take over the lease. Then they try the case according to the Tenancy Act to see if you are entitled to the transfer.

The requirements you must meet:

  • The tenant must no longer intend to use the lease as a residence. It should not be a matter of just a temporary move, but a permanent one.
  • The person who is to take over the contract must be a close person, i.e. children, parents, other close relatives or another person with whom the tenant lived under forms similar to marriage, or the person with whom the tenant can otherwise be considered to have a close relationship due to special circumstances.
  • The tenant must have permanently lived together with the person who is intended to take over the contract. By this is meant someone who shared a household with, also financially. In the normal case, 3 years of cohabitation are required.
  • Finally, it is required that the landlord can reasonably be satisfied with the new tenant. This means ability to pay, history of disruptions and so on.

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    Then you can take over the tenancy as cohabitant

    Johan Mirtorp also explains that if you were to find yourself in a cohabitation relationship where you live together in a joint tenancy, but where your partner is on the contract, you first need to claim the home.

    – If you are living in a cohabitation relationship and one partner wants to take over the apartment, that person must make a claim against the original tenant. This must take place no later than one year after the cohabitation ends. If the partner leaves the apartment, the claim must be made within three months, he says, adding:

    – The takeover of the apartment can take place through a written agreement between the cohabitants, the division of property or through a judgment. If the lease holder dies, the surviving cohabitant can request property division and be allowed to take over the apartment from the deceased’s estate, in the same way as in a separation.

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