# Second-Hand Rental Agreements: What is the Right of Possession?

*31 juli 2026*

> Navigating a second-hand rental agreement in Sweden? Understand your right of possession and what it means for both tenants and landlords.

Renting out or renting a property in the second hand is a common way to meet housing needs in Sweden. Whether you are a primary or secondary tenant, it's important to know your rights and obligations. A central part of this is the so-called right of possession (besittningsskydd). But what does the right of possession in second-hand rentals actually entail, and how does it differ from a primary rental agreement?

This article aims to clarify the concept of the right of possession for second-hand rentals and give you, as a tenant, a clearer picture of what applies when you rent a property in the second hand. We will cover what the right of possession means, what exceptions exist, and how you can protect yourself.

## What is the Right of Possession?

The right of possession is a statutory right for tenants that protects them from being evicted from their home without a valid reason. Essentially, it means that the tenant has the right to remain in the apartment even after the lease has formally expired, provided certain conditions are met. This protection is a fundamental part of Swedish rental law and aims to create security and stability for tenants.

For primary rentals, the right of possession is generally strong. This means the landlord cannot terminate the agreement arbitrarily. Often, objective reasons are required, such as the tenant mismanaging the property, not paying rent, or if the landlord intends to use the property in a way that makes the rental impossible. Even then, there is usually a notice period and, in some cases, the tenant's opportunity to contest the termination.

## Right of Possession in Second-Hand Rentals

When it comes to second-hand rentals, meaning when a primary or secondary tenant sublets their property to someone else, the situation becomes more complex. The issue of the right of possession for second-hand rentals is often a subject of discussion and misunderstanding. The general rule is that a right of possession does not automatically come with a second-hand agreement in the same way as a primary agreement.

For a right of possession to apply in a second-hand rental, it usually requires approval from the original landlord (property owner) and that this approval includes an agreement on the right of possession. Without such approval and an explicit agreement, the secondary tenant typically has no direct right of possession against the original landlord.

This means that if the original tenant (who is subletting) is evicted from their primary residence, the secondary tenant may also have to move out, even if their own agreement with the original tenant is still valid. The original tenant is, in turn, responsible for informing the secondary tenant about and acting upon any eviction notice.

### Exceptions and Special Rules

However, there are situations where a right of possession can arise or apply even in second-hand rentals, even without the property owner's explicit approval of such a right. An important exception applies when the rental has been ongoing for a long time, often several years, and the property owner has been aware of and accepted the rental without taking action. In such cases, through practice and court rulings, it can be argued that an indirect right of possession has arisen.

Another important area concerns the rental of a house or townhouse where the owner continues to live in a part of the property. Here, the rules may differ, and a full right of possession does not always apply to someone renting a portion of the dwelling.

Furthermore, there are specific rules for renting student housing and dwellings within housing cooperatives, where the right of possession may be limited or structured differently.

### How to Protect Yourself

As a secondary tenant, it is crucial to be proactive. Ensure you have a written second-hand rental agreement that clearly outlines the rental period, rent, and other terms. Check if the property owner has approved the rental and if this approval includes any form of right of possession. If you are unsure, contact the Tenants' Association (Hyresgästföreningen) for advice.

For those renting out in the second hand, it is equally important to be aware of their own primary lease agreement and to inform the secondary tenant about any risks or limitations in the right of possession. Renting out in the second hand without permission from the property owner can lead to the termination of the primary lease, which in turn affects the secondary contract.

## Common Misconceptions about Right of Possession in Second-Hand Rentals

A common misconception is that all rental agreements provide the same degree of right of possession. As we have seen, this is not the case, especially with second-hand rentals. Many believe that a written contract automatically grants a strong right of possession, but it is the connection to the original landlord and any agreements made that are crucial.

Another misconception relates to notice periods. Even if a right of possession exists, there are always regulated notice periods that must be followed by both tenant and landlord. These periods can vary depending on the length and type of agreement.

## FAQ: Common Questions about Right of Possession and Second-Hand Rentals

### What is the difference between primary and second-hand contracts regarding the right of possession?

In a primary agreement, the tenant has a general statutory right of possession. In a second-hand agreement, this right is typically absent by default. For a right of possession to apply in the second hand, explicit approval from the original landlord, including an agreement on the right of possession, is usually required, or the situation, through long-term acceptance, may be considered equivalent to a primary agreement.

### Can I get a right of possession if I rent out my housing cooperative unit in the second hand?

The rules for housing cooperatives (bostadsrätter) can differ slightly. Here too, permission from the housing cooperative association is usually required. If permission is granted, it may specify whether the right of possession applies to the second-hand tenant. Generally, the right of possession for secondary tenants in housing cooperatives is often more limited than in standard rental apartments.

### What happens if my landlord (the one subletting) is evicted?

If the person subletting your property is evicted from their primary lease, it may mean that your second-hand agreement also terminates, even if your contract term has not expired. You may have to move out. It is therefore important that the person subletting informs you of their situation and any risks.

### Are there exceptions to the rules about the right of possession for second-hand rentals?

Yes, there are exceptions. If the rental has been ongoing for a very long time with the property owner's knowledge and acceptance, an indirect right of possession may arise. Also, in situations where the owner lives in a part of the property, or when renting student housing, the rules might be different. It is always best to investigate the specific circumstances.

### How can I best protect myself as a second-hand tenant?

Ensure you have a written second-hand rental agreement. Verify that the rental is approved by the original landlord/property owner. If possible, obtain written approval that also addresses the right of possession. If unsure, seek advice from the Tenants' Association (Hyresgästföreningen) or a lawyer specializing in rental law. Understanding the rules surrounding renting out in the second hand and the right of possession is your best protection.