Landlords

Security of tenure: what applies when you rent out your home?

Security of tenure (besittningsskydd) is the tenant’s right to stay in the home after the lease has ended. If you rent out your tenant-owned apartment, house or owner-occupied apartment as a private individual, your tenant has no security of tenure, so the lease ends when the rental period runs out or the notice period has passed. If you sublet your rental apartment, the tenant has no security of tenure for the first two consecutive years.

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What is security of tenure?

Security of tenure is the tenant’s right to stay in the home after the lease has ended. A tenant without it has to move out once the lease has ended correctly, but for a tenant who has it, the lease simply running out is not enough.

For you as a landlord, it comes down to one question: can you get your home back when you need it? The answer depends on what kind of home you rent out, which is why the rules differ for tenant-owned apartments, houses and rental apartments.

Does the tenant have security of tenure when you rent out your tenant-owned apartment or house?

No. Your tenant has no security of tenure when you, as a private individual, rent out your tenant-owned apartment (bostadsrätt), house, owner-occupied apartment or part of your own home. Since 1 July 2026 these rentals are covered by the Private Rental Act (privatuthyrningslagen), and under it the tenant has no right to stay once the lease has ended correctly.

That makes planning easier. With a fixed-term lease you know from day one when you get your home back. With an open-ended lease you can give notice with a three-month notice period.

The law sets no maximum rental period, but if you own a tenant-owned apartment you still need the housing association’s consent to sublet it. Read more about how long you can rent out your home.

Security of tenure when you sublet your rental apartment

When you sublet your rental apartment (hyresrätt), meaning you rent it out second hand (andrahand in Swedish), the tenant has no security of tenure for the first two consecutive years. Here the tenancy rules in the Swedish Land Code (jordabalken) apply rather than the Private Rental Act, because you rent the home yourself.

An open-ended lease has a three-month notice period, ending at the turn of a month. You also need your landlord’s consent to sublet. If your landlord says no, the Rent Tribunal (hyresnämnden) can grant permission if you have valid reasons, such as studies or work in another town, and your landlord has no justified reason to refuse. The permission then applies for a set period.

If you plan to sublet for more than two consecutive years, other rules may come into play. In some cases it may be possible to agree that security of tenure will not apply, but there are requirements for how that is done. So get legal advice in good time, before the two years have passed.

How do you end the lease when the tenant has no security of tenure?

A fixed-term lease ends by itself when the rental period runs out, without anyone having to give notice. Under the Private Rental Act, both you and the tenant can end an open-ended lease with three months’ notice, ending at the turn of a month.

Notice must be given in writing. The tenant may give notice verbally, but then you need to confirm it in writing. The tenant can also always end a fixed-term lease with three months’ notice, so it is worth being prepared for that.

If the tenant seriously breaches the lease, you can end it early. Examples are rent that is more than two weeks late, subletting without permission or serious disturbances.

When do other rules apply?

Other rules apply if you regularly rent out more than two homes that are not part of your own home. In that case the tenancy rules in the Swedish Land Code apply instead of the Private Rental Act. The Private Rental Act also does not apply when you rent out a holiday home for leisure use.

Leases signed before 1 July 2026 still follow the previous law on renting out your own home (lagen om uthyrning av egen bostad). If you are unsure what applies to your rental, or if you end up in a dispute, you can turn to the Rent Tribunal or get legal advice.

Why rent out safely through Samtrygg

With Samtrygg, you and your tenant share the same picture of the rental period from the start, because you sign a clear lease before move-in. You choose who gets to rent your home and get help all the way, backed by experience from more than 25,000 rentals.

Samtrygg is the trusted marketplace for home rentals, so the lease is signed directly between you and your tenant. You use a standardised lease, written by Samtrygg’s lawyers, and sign it digitally. If you want to rent out long term, it is a good fit, since Samtrygg focuses on rentals of six months or more.

The Safety Package is included free of charge for landlords:

• Rent guarantee for up to 12 months
• Rental insurance that covers damage a standard home insurance does not cover
• Verified home seekers and credit checks of tenants
• Standardised lease, written by Samtrygg’s lawyers
• Inspection report at move-in and move-out
• Legal advice
• Free marketing
• Personal service and help throughout the process

So if you have questions about security of tenure or notice during the rental, legal advice is included when you rent out through Samtrygg. To learn more about the lease itself, read what a lease should include.

Frequently asked questions about security of tenure

What does security of tenure mean?

Security of tenure means the tenant has the right to stay in the home after the lease has ended. When you rent out, whether it applies depends on the type of home, and for a sublet rental apartment also on how long the tenant has lived there.

What does security of tenure mean for me as a landlord?

It means you need to know whether your tenant has a right to stay before you plan to move back in. If you rent out your tenant-owned apartment or house as a private individual, the tenant has no such right. If you sublet your rental apartment, the same applies for the first two consecutive years.

Can the tenant stay after a fixed-term lease has run out?

No, not when you rent out your tenant-owned apartment, house or owner-occupied apartment as a private individual. A fixed-term lease ends when the rental period runs out, and the tenant has no security of tenure. You do not need to give notice for it to end.

Does a company have security of tenure if I rent out to it?

No, not when you rent out your tenant-owned apartment or house as a private individual. The same rules apply as when you rent out to a private person, including security of tenure. Read more about renting out your apartment to a company.

Where can I turn if my tenant and I disagree about the lease?

If you have a dispute about the lease, you can turn to the Rent Tribunal. It often helps to get legal advice first, so you know what applies to your rental. If you rent out through Samtrygg, legal advice is part of the Safety Package.

Summary

If you rent out your tenant-owned apartment, house or owner-occupied apartment as a private individual, the tenant has no security of tenure, and the lease ends when the rental period runs out or the notice period has passed. If you sublet your rental apartment, the tenant has no security of tenure for the first two consecutive years. Write a clear lease with the rental period and notice terms, so both you and your tenant know what applies.

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Last updated 23 October 2026