# Rental Agreements Without Right of Possession: What You Need to Know *21 juni 2026* > A rental agreement without a right of possession might seem advantageous for a landlord, but what are the legal implications for both tenant and lessor? Read our guide. ## What is Right of Possession? Right of possession (besittningsskydd) is a fundamental right for tenants in Sweden that protects them from eviction without just cause. It means that the landlord cannot arbitrarily terminate the tenancy. In most cases, tenants have strong protection, ensuring stability and security. However, there are situations where a **rental agreement without right of possession** may occur, and it's crucial to understand the implications. ## When Can a Rental Agreement Lack Right of Possession? Although right of possession is the norm, specific exceptions exist where a rental agreement can be made without this protection. These exceptions are regulated by the Swedish Land Code (Jordabalken) and often require special agreements. ### Specific Agreements to Waive Right of Possession The most common way a **rental agreement without right of possession** arises is through an active waiver of the right of possession. This must be done in writing and approved by the Rent Tribunal (Hyresnämnden). A tenant may choose to waive their right of possession for various reasons, such as desiring a shorter lease term or for other specific circumstances. However, it's vital that the tenant understands the consequences of such a waiver, as it means forfeiting the protection that would otherwise apply. ### Short-Term Rentals In certain cases of short-term rentals, such as furnished rooms or apartments rented out for a limited period (often up to nine months), the right of possession may be limited or entirely absent. However, this doesn't apply to all short-term rentals, and the rules can be complex. It is essential to carefully check the terms of the rental agreement. ### Rental of Holiday Homes If you rent out a holiday home (summer cottage, holiday house) to a private individual for recreational purposes, the rules regarding the right of possession generally do not apply. This is a clear example of a **rental agreement without right of possession** where the purpose of the rental is decisive. ### Agricultural Leases and Similar The rental of agricultural land or other land for specific purposes, such as agricultural leases, may also have special rules regarding the right of possession that differ from standard residential rental agreements. ## Legal Consequences of a Rental Agreement Without Right of Possession Entering into a **rental agreement without right of possession** has significant legal consequences for both parties. ### For the Tenant The most significant consequence for the tenant is increased uncertainty. Without the right of possession, the landlord can terminate the agreement at the end of the lease term without needing to provide a valid reason, provided the notice period is respected. This can lead to the tenant being forced to move even if they have fulfilled their obligations. Therefore, it is of utmost importance to carefully consider the pros and cons before deciding to **waive the right of possession**. ### For the Landlord For the landlord, an agreement without the right of possession offers greater flexibility. They can more easily regain possession of the property at the end of the lease term. This can be attractive for landlords who want the option to use the property themselves, sell it, or rent it out to someone else after a certain period. However, the landlord must still comply with all other regulations applicable to rentals, such as requirements for reasonable rent and approval from the Rent Tribunal if necessary. ## Important Considerations Before Signing Before you, as a tenant, sign a **rental agreement without right of possession**, you should ask yourself the following questions: * Why does the contract lack the right of possession? * Is this a temporary solution that fits my needs? * What are the specific terms for termination? * Have I understood all the consequences of waiving my right of possession? It is strongly recommended to seek legal advice if you are uncertain about the terms of a **rental agreement without right of possession**. ## Frequently Asked Questions About Rental Agreements Without Right of Possession ### ### What is the primary purpose of the right of possession? The primary purpose of the right of possession is to provide tenants with security and stability in their housing by protecting them from arbitrary evictions by the landlord. ### ### Can one always waive the right of possession? No, one cannot always waive the right of possession. A waiver must be in writing and approved by the Rent Tribunal, and there are situations where such a waiver is not valid. ### ### What are the most common exceptions to the right of possession? The most common exceptions include short-term rentals, rentals of holiday homes, and situations where the parties have actively waived the protection with the approval of the Rent Tribunal. ### ### What happens if the landlord violates the rules for a rental agreement without right of possession? If the landlord does not comply with the specific rules for an agreement without the right of possession, or if the agreement does not meet legal requirements, it may be declared invalid. The tenant may then be entitled to the ordinary right of possession. It is important to contact the Rent Tribunal or a legal advisor if you have doubts. ### ### Is it difficult to get a rental agreement without right of possession approved by the Rent Tribunal? Approval depends on the specific circumstances of each case. The Rent Tribunal assesses whether the waiver is reasonable and if the tenant understands the consequences. It is not an automatic process, and there are **exceptions to the right of possession** that require careful consideration.