Forfeiture of a tenancy in Sweden: grounds, deadlines and correction

Forfeiture of a tenancy (förverkande av hyresrätt) means the tenant has breached the lease so seriously that the landlord may terminate it early, without the normal notice period. The grounds are listed in Chapter 12, Section 42 of the Land Code (jordabalken), and for several of them there is a way back: if you put things right in time, you can keep the flat.

What forfeiture of a tenancy means

An ordinary residential lease is terminated with notice, and a first-hand tenant has security of tenure, a right to have the lease extended. Forfeiture is the exception. When the tenancy is forfeited, the landlord may terminate the lease early. If the landlord instead gives ordinary notice, under Chapter 12, Section 46 the tenant has no right to an extension, because the tenancy is forfeited.

The law still protects the tenant in two ways. The tenancy is not forfeited if what the tenant is blamed for is of minor importance. Nor is it forfeited if forfeiture would be unreasonable because a close relative or former close relative has subjected the tenant or someone in the household to a crime. If the lease is terminated because of forfeiture, the landlord is entitled to damages.

Grounds for forfeiture of a residential tenancy

For a flat, the tenancy can be forfeited if the tenant:

• is more than one week late paying rent after the due date
• transfers the tenancy or sublets without the landlord's consent or the rent tribunal's permission, and has no valid excuse
• pays, accepts or asks for a special payment (key money) to transfer the tenancy or let the flat
• charges a subtenant an unreasonably high rent and has no valid excuse
• uses the flat for something other than agreed and does not correct this without delay after being told to
• negligently causes vermin, or fails to tell the landlord so that vermin spread in the building
• neglects the flat, disturbs neighbours or behaves improperly and does not correct this after being told to
• refuses the landlord access to the flat contrary to the law without a valid excuse
• breaches an agreed obligation that is of exceptional importance to the landlord
• allows the flat to be used for serious crime, or for crime habitually or on a larger scale

In cases of disturbance, under Chapter 12, Section 25 a the landlord must first tell the tenant to make it stop and notify the social welfare board. If the disturbances are particularly serious, the landlord may terminate the lease directly, but a copy of the notice must then be sent to the social welfare board.

Correction: when you can keep the flat

Under Chapter 12, Section 43 you cannot be removed from the flat if you put things right before the landlord has terminated the lease. This applies to late rent, use contrary to the lease, disturbance and neglect, and refused access. It does not apply to particularly serious misconduct or particularly serious disturbances. For unauthorised subletting of a flat there is no such correction; the deadlines below apply instead.

The law also limits how long the landlord may wait:

• Vermin and agreed obligations: notice must be given within two months of the landlord learning of the matter.
• Unauthorised subletting and unreasonable sublet rent: within six months of the landlord learning of it, and no later than six months after the matter ended.
• Key money: within six months of the landlord learning of it, but no later than five years after the payment was made, received or requested.
• Crime in the flat: within six months of the landlord learning of it. If the crime is reported for prosecution or a preliminary investigation is opened within that time, the deadline runs until six months after the judgment becomes final or the proceedings end in some other way.

Forfeiture of a tenancy for unpaid rent

For late rent, Chapter 12, Section 44 gives a special recovery period. Even if the landlord has terminated the lease, you keep the flat if you pay the full rent owed within three weeks of being served a notice that you can recover the tenancy by paying. The landlord must also have informed the municipality's social welfare board of the termination.

You also cannot be removed if:

• the social welfare board, within those three weeks, tells the landlord in writing that it takes on responsibility for the rent, or
• you were prevented from paying in time by illness or a similar unforeseen circumstance and paid as soon as possible, at the latest when the eviction dispute is decided at first instance.

So pay immediately when you receive the notice, and contact social services if you do not have the money. That is the surest way to keep your home.

What to do if you have received a termination notice

1. Read the notice carefully. What ground is given, and when did you receive it?
2. Check the deadlines. Did the landlord give notice in time, and can you still correct the matter or recover the tenancy?
3. Put things right at once if you can: pay, end the disturbance, let the landlord in. If you sublet without permission, end the sublet. That does not save the lease in itself, but the six-month deadline is also counted from when the sublet ended.
4. Keep everything in writing: receipts, letters, texts and emails.
5. Get help. If you are a member of Hyresgästföreningen, the Swedish Union of Tenants, you can get advice on your situation.

Common questions about forfeiture of a tenancy

Can I be evicted because the rent was one day late? No. Under Section 42, for a flat the delay must be more than one week after the due date. Repeated delays can still be weighed if the landlord later wants to block an extension of the lease (Chapter 12, Section 46).

Is forfeiture the same as eviction? No. Forfeiture gives the landlord the right to terminate the lease early. Eviction is when the tenant is forced to move out, which requires a decision by the Enforcement Authority (Kronofogden) or a court.

Does it matter if the breach was small? Yes. The tenancy is not forfeited if what the tenant is blamed for is of minor importance.