Rental contract: What should be included in the lease?

A rental contract is the agreement that regulates your home. It is also the document you should be able to go back to if anything becomes unclear later. The question most tenants ask is simple: what should actually be included in the contract, and what must not be in it?

In this article we go through what should be in every lease, what the law says about written contracts, and which conditions do not apply even if they are written on paper. Everything is written for you who are looking for housing or already renting in Skellefteå.

What the Swedish Land Code says about the lease

Rental agreements in Sweden are regulated by the Land Code, chapter 12, known as the Rent Act. It is mandatory in favor of the tenant, which means that contract terms that conflict with the law do not apply to you as a tenant.

The most important thing to know is that you have the right to a written agreement if you or the landlord requests it. According to chapter 12, section 2 of the Land Code, a rental agreement shall be drawn up in writing if either party so requests. This means that you as a tenant can demand to receive the agreement in writing, and then it is harder for the landlord to claim something else later.

The rental period is regulated in chapter 12, section 3. A rental agreement applies for an indefinite period unless otherwise agreed. An agreement for a fixed term expires when the rental period ends, unless the parties have agreed otherwise. If the tenancy has lasted more than nine consecutive months, a fixed-term agreement must still be terminated to cease.

The notice period is stated in chapter 12, section 4. A rental agreement for an indefinite period may be terminated to cease to apply, unless a longer notice period has been agreed. For fixed-term agreements, special rules apply on when the termination shall be made.

Finally, it is worth knowing chapter 12, section 1 d: contract terms that conflict with a provision in this chapter are without effect against the tenant, unless otherwise stated. This means that the landlord cannot write whatever they want into the contract.

What should be included in the rental contract

A complete rental contract should include the following:

1. Names and addresses of the parties — your name as tenant and the landlord's name and contact details.
2. Designation of the apartment — the address, apartment number and possibly the floor, so it is clear which dwelling the agreement concerns.
3. Rent and payment — how large the rent is, when it shall be paid each month and which bank account it is to be paid into.
4. Rental period — whether the agreement applies until further notice or for a fixed term, and the date of taking possession.
5. What is included — whether electricity, heating, internet, parking, storage or laundry room are included in the rent or cost extra.
6. Furniture — whether the apartment is rented furnished or unfurnished, and whether a furniture inventory is attached.
7. Termination — which notice period applies and how termination shall be made.
8. Signature — both you and the landlord shall sign, and each party shall have its own copy.

If something is missing it is not necessarily invalid, but it makes the agreement harder to apply if a dispute arises. Therefore it is good to demand that everything you have agreed on is set out in writing.

Written or oral agreement — you have the right to a written contract

An oral rental agreement is valid, but it is significantly harder to prove what you have agreed on. Therefore the Land Code gives you the right to demand a written agreement. If the landlord refuses, you can contact the Swedish Union of Tenants for advice.

A written agreement protects both you and the landlord. It makes it clear what applies to rent, payment, rental period and what is included. If you later disagree about something, you have a document to go back to.

What the landlord may not demand

There are things that should not be in a rental contract, even if the landlord writes them in:

• Deposit. In residential tenancy, a deposit is not allowed. The landlord may not demand a deposit or security beyond the rent.
• Conditions that conflict with the Land Code. According to chapter 12, section 1 d, such conditions are without effect against you as a tenant.
• Advance rent beyond the normal monthly rent for the month you move in.

If the landlord demands a deposit or other unauthorized charges, it is a reason to be extra attentive and possibly seek help from the Swedish Union of Tenants.

Checklist: read this before you sign

Before you sign the rental contract, check the following:

• Are the names and addresses of the parties correct?
• Does it clearly state which apartment the agreement concerns?
• Are the rent and payment dates clear?
• Are the rental period and date of taking possession stated?
• Do you know what is included in the rent and what costs extra?
• Does it state whether the apartment is furnished or unfurnished?
• Is the notice period and how to terminate clear?
• Have both you and the landlord signed?
• Have you received your own copy of the agreement?

If something is unclear, ask the landlord before you sign. It is easier to sort out questions before the agreement is signed than after.

Frequently asked questions about the rental agreement

Does the rental agreement have to be in writing? No, an oral agreement is valid, but you have the right to demand that it be drawn up in writing if you or the landlord so requests (chapter 12, section 2).

Can the landlord raise the rent at any time? No. Rent increases shall be made according to the rules in the Land Code, and for private landlords it usually applies that the rent can be raised at the turn of the year after agreement or through the rent tribunal.

What happens if the landlord breaches the agreement? You can turn to the Swedish Union of Tenants for advice, and if necessary to the rent tribunal.

May I have a pet in the apartment? That depends on what the agreement says and whether the pet causes inconvenience to neighbors or the property. Generally you may keep smaller pets if they do not disturb.

Other articles that can help you

If you are looking for housing in Skellefteå, these articles may be useful:

• Bostadskö i Skellefteå: Så fungerar kösystemet för hyresrätter — about how the housing queue works in the municipality.
• Hyra lägenhet Skellefteå med förstahandskontrakt: Din guide — about the difference between first-hand and second-hand contracts.
• Hyreshöjning i Skellefteå: så fungerar det och vad du kan göra — about how the rent can be raised and what you can do if you think it is too high.