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Nudity to BBQs: What you can (and can’t) do on your balcony in Sweden

What better way to enjoy summer in your apartment than by making full use of your balcony? The Local spoke to Henric Gartz, a lawyer who specialises on issues related to housing, to find out how to stay on the right side of the law.

Nudity to BBQs: What you can (and can't) do on your balcony in Sweden
Photo: Maja Suslin/TT

“You should look at your rental contract to see if there are any special rules in regards to what you can and cannot do on a balcony”, Henric Gartz, lawyer at Fastighetsjuristerna Göteborg, a legal firm specialising in housing issues, told The Local.

“If nothing is specified, then you should follow the general rules and be considerate towards your neighbours.”

The three common issues that arise during the summer when Swedes take to their balconies are grilling, smoking and nudity, he said.

Barbecues

The summer season is perfect for grilling, and although many residential areas in Sweden have communal grills in the garden, this is not always the case. Even if they do, some people prefer grilling on their balcony to be closer to the kitchen.

“If you grill, it will smell of meat, fish or vegetables and it could smell bad for a neighbour”, said Gartz. 

Electric grills are often more suitable for balconies. Photo: Anders Wiklund/TT

It’s also important to check with your housing association or your landlord to make sure they allow grilling on the balcony before you get started.

“A housing association has a lot of freedom to choose whether barbecues are allowed or not,” Maria Mati, property lawyer at HSB, Sweden’s largest cooperative housing association, wrote on HSB’s website.

“Therefore, you need to check to find out what applies in your association. But even if it’s allowed, you need to make sure that you grill in a fire-safe way.”

“And respect your neighbours,” she added.

Smoking

So, is it legal to smoke a cigarette outside on your balcony?

“You are allowed to smoke on your balcony,” Gartz said, “But if neighbours don’t like the smell of cigarette or cigar smoke, then be considerate.”

According to HSB, there’s no general ban on smoking in apartment blocks, and a housing foundation can’t ban you from smoking on your balcony or outside space.

“But you should also make sure you show consideration here,” Mati said, warning that you could end up on the wrong side of the law.

“The Residential Tenancies Act’s rules on disturbances in the property, or the Environmental Code’s rules on nuisance could be used in cases involving tobacco smoke,” she said.

“However, in one case, the district court in Falun decided that smoking on a balcony was permitted to a reasonable extent, even if irritated the neighbours,” she said.

Again, it all boils down to showing consideration for your neighbours.

“Maybe if you see that they are drinking coffee and you know smoke annoys them, wait until they finish before smoking”, Gartz said.

Just because your balcony is small doesn’t mean you can’t try your hand at growing your own vegetables. Photo: Johan Nilsson/TT

Can I have plants on my balcony?

Flower boxes are a great way to liven up a balcony or even try your hand at growing vegetables during the summer months – just make sure they’re hanging on the inside of your balcony so they can’t fall down and injure someone, and try to avoid water and soil raining down on your neighbours below when you water your plants.

Is it legal to sunbathe naked on my balcony?

It depends how you do it.

Stripping off on your balcony isn’t necessarily forbidden. However, you do need to consider whether the neighbours might see more than they want to while you’re catching some rays. 

As is generally the case with rules for what you can and can’t do on your balcony, the law says that you’re more than entitled to take off your clothes in your own private space – but this shouldn’t impact your neighbours. 

To get around this, you may want to put up a screen between you and your neighbour’s balcony (you may have to ask permission from your housing foundation if this involves drilling any holes in the wall), or even go full Adam and Eve with a strategically placed plant or two.

Another option is position your parasol so it blocks your neighbour’s view – just watch out for any gusts of wind that may strike at an inopportune moment.

If, however, people see you from the street this could be more problematic, and in some cases end up in court depending on the situation.

Similarly, you can’t have sex on your balcony where others could see or hear you – this could lead to a police report for förargelseväckande beteende (disorderly conduct).

In a nutshell:

Apartment living is often about compromise, and this also applies to what you do on your balcony. Speak to your neighbours and make sure they’re not irritated by your behaviour – similarly, let them know if something they’re doing is irritating you and see if you can figure out a solution which works for everyone.

“It is important to respect each other and talk about issues, if you live close to other people”, Gartz said.

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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.

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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