Second-hand contract for students: The checklist before you sign

Second-hand contract for students: The checklist before you sign

As a student, subletting is often the only realistic option when a first-hand contract takes time. But signing a second-hand contract without checking the rules can cost you dearly — in the form of excessive rent, an unprotected notice period and a lost deposit. This checklist goes through what you as a student should check before you commit.

Make sure the subletting is allowed

Anyone who sublets a home needs written permission from their landlord, or if the landlord says no, from the rent tribunal. This applies whether the home is a rental apartment or a student apartment rented out via a student housing foundation. A second-hand contract without permission can lead to the first-hand tenant losing their rental rights, and then you as a second-hand tenant risk being forced to move out immediately. Ask to see the permission before you sign.

Check that the rent is reasonable

If you rent an unfurnished rental apartment in second hand, the rent must not be higher than what the first-hand tenant pays to their own landlord. If the apartment is furnished, a surcharge for the furniture may be added, but it may not exceed 15 percent of the rent. Supplements for electricity, water, internet and similar may only cover the actual cost of the services. If you pay more than that, you can apply to the rent tribunal for reimbursement of so-called excessive rent. If the contract was signed after September 30, 2019, you can get rent back for two years; if the contract was signed before that, one year applies. The application must have reached the rent tribunal within three months from the day you moved out of the home.

Require a written contract

An oral agreement is difficult to prove if a dispute arises. Make sure the contract is in writing and that both you and the landlord have a copy each. The contract should state the rent and what it includes, the size of the deposit, the notice period, the length of the rental period and which furniture and equipment are included. A deposit may correspond to at most a couple of months' rent and should be noted on the contract so it is clear that you have paid it in. You get the deposit back after moving out, provided you have not damaged the apartment or its contents.

Understand your security of tenure — or lack of it

If you have lived in second hand for less than two years, you have no security of tenure. This means you can be terminated regardless of the reason, and the rent tribunal cannot assess whether the termination is reasonable. As a student who often rents for shorter periods, it is particularly important to know this, so you do not end up homeless at short notice. If you have paid excessive rent, it may be wise to wait to apply for reimbursement to the rent tribunal until you have found another home, so you do not risk being terminated while the case is being processed.

Check the notice period

A second-hand rental contract that runs until further notice has a notice period of three calendar months. You can agree on a shorter notice period, but only if it is to your benefit as a lodger or second-hand tenant. The notice must always be given in writing to be valid. If you instead rent on a fixed-term contract of nine months or less that does not contain a termination clause, the contract ends automatically when the rental period expires — neither you nor the landlord needs to give notice.

Student apartments have their own rules

If you rent a student apartment in second hand, specific requirements often apply, such as that you must earn a certain number of higher education credits each term. The same requirements may apply to any second-hand subtenant. Anyone who wants to sublet their student apartment must obtain permission from their landlord or the rent tribunal. Check that you meet the conditions before you sign, so the contract does not risk becoming invalid.

Take out home insurance and register your address

If you cause damage to the home, you are liable for compensation, and water damage or other damage can destroy your home contents. Take out home insurance so you are protected if something happens. Also remember to register your address correctly — this affects your mail and your contacts with authorities.

Checklist before you sign

• The landlord has written permission from their landlord or the rent tribunal
• The rent is reasonable: not higher than the first-hand rent, max 15 percent surcharge for furniture if it is furnished
• The contract is in writing and both parties have their own copy
• The deposit is noted on the contract and corresponds to at most a couple of months' rent
• The notice period appears in the contract (three calendar months for a contract running until further notice)
• You know your security of tenure — or that you lack it if you have lived there for less than two years
• Any study requirements are met if it is a student apartment
• You have taken out home insurance

With this list in hand, you can sign your second-hand contract with greater security and avoid the most common pitfalls that student tenants face.

Sources: Hyresgästföreningen (hyresgastforeningen.se) and Jordabalken 1970:994 via Riksdagen (riksdagen.se).