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RENTING

How do I make sure I get my rental deposit back in Sweden?

Paying a deposit is a normal part of the rental process in Sweden, but getting it back at the end of your tenancy can occasionally prove tricky.

Published: 28 January 2020 14:10 CET
Updated: 15 April 2024 15:09 CEST
How do I make sure I get my rental deposit back in Sweden?
You've moved out and now it's time to get your deposit back. So what are your rights? Photo: Fredrik Sandberg/TT

The idea of paying the deposit is that if you as a tenant cause any damage to the property (or its furnishings, if you rent a furnished apartment), the property owner can use the deposit to cover those costs rather than having to chase you for the money.

If you’re renting secondhand, in other words from a private individual who owns or rents the apartment themselves, a typical deposit would be equivalent to one to two months of the rental fee itself.

The deposit may be withheld by the landlord if the tenant causes damage to the apartment or furnishings beyond normal wear and tear, or if the tenant fails at their duty of care for the apartment, for example by neglecting to take necessary measures for the property’s maintenance. 

And it may be withheld if you as a tenant failed to pay your rent.

RELATED: How do I get money back if I’ve been paying too much rent in Sweden?

When you sign a rental contract, the deposit amount should be written down.

If possible, it can help to ensure that the contract also states when the deposit will be repaid after the end of the rental period, and to add an appendix of items that were present in the apartment at the time of moving in (if you’re renting it furnished) and any flaws such as broken appliances, stains or other problems, preferably with photos. 

As well as ensuring your rental contract has such a clause, it’s prudent to keep a record of your deposit payment (so make sure you include a reference that makes it clear what it is) and to take as many photos of the apartment as possible, both directly after moving in and after you clean it before you leave.

At the end of the rental period, your landlord will most likely want to carry out an inspection of the apartment before transferring the deposit to you.

As a tenant, you’re generally expected to leave the apartment in the same condition you found it. That means either carrying out a thorough clean, or paying for a professional to do this. If you take the latter option, you should keep receipts in case your landlord disputes the cleanliness of the apartment. 

Even if you didn’t have a clause in your contract regarding the deposit, you’re still protected by Swedish law.  

That’s because law states that it’s the responsibility of the landlord to prove that any damage they claim you’ve caused did actually take place during the rental period.

If your landlord refuses to return the deposit after you move out, you can contact Hyresgästföreningen (The Swedish Union of Tenants) for advice and to start legal proceedings against the landlord.

If they believe you are likely to win the case (for example, if you signed a contract with a clause on the deposit and have proof or payments, but not only) they will often help you. You can also contact Kronofogden to help recover the money.

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PROPERTY

INTERVIEW: ‘Most foreigners in Sweden don’t know they can get back excess rent’

In Sweden, people subletting apartments are not allowed to charge more in rent than they themselves pay. But foreign subtenants don't always know this. We asked Roland Sjölin, lawyer at the Swedish Tenants' Association, about how to get back excess rent.

Published: 18 April 2024 15:19 CEST
Updated: 21 April 2024 08:12 CEST
INTERVIEW: 'Most foreigners in Sweden don't know they can get back excess rent'

More and more of the people asking the Swedish Tenants’ Association, Hyresgästföreningen in Swedish, for help with excess rent are foreigners, Sjölin told The Local in an interview.

“The problem is that if you’re coming from another country, and you’re subletting an apartment, you’re probably not familiar with the rules in Sweden, because in other countries, it might be okay to overcharge your tenants.” 

He said that clients from India in particular seeking help from the association were now “very common”. 

“Many people come here to work as engineers in the IT sector and then have to rent somewhere,” he said, adding that as a group Indians appeared to be “very aware of their rights.”

Sweden’s rental sector is heavily regulated, with first hand contracts negotiated between landlords and the Tenants’ Association, and the rent that can be charged for second-hand contracts limited to only a small fraction above what the first-hand renter pays. 

“You’re not allowed to make any profit subletting an apartment in Sweden,” Sjölin explains. “You can only charge the subletting tenant the same rent as you [the first-hand tenant] are paying to your landlord, and then you can add the costs for internet and electricity, and perhaps a parking lot, if that is included.” 

Tenants’ Association lawyer Roland Sjölin. Photo: supplied.

You can also add a påslag or “markup”, if you are renting out the apartment fully furnished, but this cannot exceed more than 15 percent of the rent. 

That doesn’t mean that most landlords follow the law. The competition for rental apartments, especially in Stockholm, is so intense, that unscrupulous sublet landlords often try to get away with charging well over the legal amount, charging what is known in Sweden as ockerhyra, or “excess rent” and hoping that their tenants are too desperate to complain.  

What many foreigners do not realise is that even after the rental period is over, they can still get back any excess rent they have paid by applying to the Rental Board or Hyresnämnden, which functions like a court judging rental disputes. 

“If you have the evidence then it’s fairly easy,” Sjölin said. “I get a new case every second week on repayment of unfair rent, and I think that I win most of them.” 

“Nowadays, you can get paid back excess rent up to 24 months back in time, so people tend to get more money,” he added. “In some cases, they can get 200,000 kronor. In other cases, perhaps it’s only 30,000 kronor or 60,000 kronor. It depends on how long you have rented the apartment, and how excessive the rent you’ve been paying has been.”

The first step is to establish what would have been a fair rent, either by asking your landlord what they themselves pay directly or by checking with the Tenants’ Association.

“Because we negotiate most rents in Sweden, we normally know what the firsthand rent is,” Sjölin explained.

Then you need to collect together your evidence.

“It’s a good thing to have a written contract and also papers from your bank showing that you paid rent every month, and perhaps photographs of the apartment, so the rental board can get an idea of the apartment you were renting and what would be a fair rent, and also the termination for the contract so you can show the court how long you’ve been living in the apartment.” 

But Sjölin underlined that since Sweden has free burden of evidence, none of this is essential. 

“Even if you’ve been paying in cash, if you have witnesses who can testify what you were paying each month, you still have a chance of getting your money back. It’s a bit more tricky, but I’ve won two cases like that this year.” 

People in Sweden, he explained, tend to wait until the rental period is over before seeking to get paid back excess rent rather than challenging their landlord while they are still living in the apartment. 

“You don’t have any legal protection for your home for the first two years, so if you bring the matter up with the person you’re renting the apartment from you risk losing your contract and having to move out, so most people wait until they’re supposed to move anyway,” he said.

If you apply to the rental board for a refund close to the day you move out, you can then make your landlord pay back all excess rent paid in the 24 months leading up to the date you contacted the rental board.

If you are a member of the Tenants’ Association, you can contact them and ask for help with your application, but there are also specialist companies, like Orimlig Hyra AB who will buy your case off you and give you a refund within 48 hours, saving you a long wait in exchange for a cut of the money reclaimed. 

Sjölin said that the rental board normally took about 8 months to come to a judgement, but that if the person with the first hand contract appeals, that could extend the waiting time by between six months and a year.

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