# Second-hand Rental Contract

*12:39-40 JB (consent and permission), 12:55 JB (rent)*

## Definition

Subletting means a first-hand tenant rents out their dwelling to another person. The first-hand tenant must have the landlord's consent or the Rent Tribunal's permission to sublet. Common acceptable reasons include studies elsewhere, temporary work, trial cohabitation with a partner, or illness.

The subtenant has weaker protection than a first-hand tenant. The rent for subletting a rental apartment may not substantially exceed the rent the first-hand tenant pays. When subletting a tenant-owned apartment (bostadsrätt), the Private Rental Act applies instead, which permits market-rate rent but with shorter notice periods. Sublet contracts should always be fixed-term and in writing.

## Key points

- Requires landlord consent or Rent Tribunal permission
- Rent may not substantially exceed the first-hand rent (for rental apartments)
- Subtenant has weaker security of tenure
- Should be fixed-term and in writing
- Unauthorized subletting can lead to forfeiture of the first-hand contract

## Practical tip

Always verify that the first-hand tenant has received written approval from the landlord before signing a sublet contract. Ask to see the approval — without it, you risk losing your housing if the landlord intervenes.

## Legal basis

12:39-40 JB (consent and permission), 12:55 JB (rent)