Rental Agreements When Cohabiting: What Applies?

Moving in together is a significant step, and when it comes to housing, understanding the legal aspects of rental agreements when cohabiting is crucial. Whether you opt for a joint rental contract or an individual one, specific rules and practices govern your rights and obligations. This article will guide you through the intricacies of rental law for cohabiting couples in Sweden, providing you with the tools to avoid future conflicts.

Joint or Individual Rental Contract?

When cohabiting partners are entering into a rental agreement, there are primarily two paths: a joint rental contract where both names are on the lease, or an individual contract where only one partner is listed as the tenant.

Joint Rental Contract

A joint rental contract means both cohabiting partners are legal parties to the agreement with the landlord. Both individuals share equal rights and responsibilities under the lease. This is often the simplest and fairest solution, as both partners have the right to live in the apartment and are jointly responsible for the rent and any damages. It also means both partners have the right to terminate the agreement, provided they follow the contract's terms and relevant laws.

Advantages of a joint contract:

• Equal rights: Both have the right to reside in the property.
• Clear responsibility: Both are legally accountable for the rent.
• Simpler upon separation: Provides a clearer basis for handling the housing situation.

Disadvantages:

• Joint liability: If one party fails to pay rent, the other can be held liable for the full amount.
• Requires consent: Any termination or modification of the agreement requires consent from both parties.

Individual Rental Contract Cohabiting

If only one partner signs the contract, that individual is the sole legal party with the landlord. The other cohabiting partner has no formal right to remain in the apartment if the contracted party terminates the agreement or moves out. This can create an uncertain situation for the partner not listed on the contract.

If you choose this route, it is highly recommended to create a separate agreement between yourselves that outlines who has the right to stay, how rent responsibility is divided, and what happens in case of separation. This internal agreement protects the partner not on the rental agreement.

Advantages of an individual contract:

• Simpler administration: Only one person needs to manage the contract.
• Flexibility: Can be easier if one partner has difficulty getting a joint contract approved by the landlord.

Disadvantages:

• Uncertainty for the non-contracted party: No formal right to remain.
• Risk of conflict: Can lead to difficult situations upon separation.

Rights Upon Separation

What happens to the rental right when a cohabiting relationship ends? This is one of the most common questions and a source of many disputes. The rules differ depending on whether you have a joint or an individual rental contract.

With a Joint Rental Contract

If both partners are on the lease, both have the right to remain in the apartment, provided the contract is not terminated. Upon separation, you must agree on who will stay. If you cannot reach an agreement, one party may request the other to move out, but this usually requires the remaining partner to take over the full responsibility of the rental agreement, including being approved by the landlord. If neither of you wishes or can take full responsibility, the contract may need to be terminated.

It is important to inform the landlord about the situation and try to find a mutual solution. Sometimes, the landlord may assist in rewriting the contract to one of the parties, but they are not obligated to do so.

With an Individual Rental Contract

If only one of you is on the contract, the partner not listed has no legal right to remain after the contracted partner terminates the agreement or moves out. The non-contracted partner must then vacate. If the contracted partner wishes the other cohabiting partner to stay, a new agreement may need to be signed with the landlord, or the remaining partner can take over the existing contract if the landlord approves.

This is where the internal agreement you may have established between yourselves comes into play. If you have such an agreement, it can dictate how you will act during a separation, even if it is not legally binding for the landlord.

Important Considerations and Tips

Regardless of the type of rental agreement you choose, several points are worth considering to avoid problems:

• Clarity from the start: Discuss and decide on your rental agreement preferences before signing. Be open about each other's financial situations and expectations.
• Internal agreements: If you have an individual contract, or if you want to regulate specific aspects like rent payment distribution, a written agreement between you can be invaluable. This agreement can cover everything from rent payment and household expenses to how assets are divided upon separation.
• Communication with the landlord: Keep the landlord informed about your living situation, especially during changes like separation. Good communication can facilitate the process.
• Notice periods: Be aware of the notice periods stipulated in your rental agreement and applicable laws.
• Subletting: If one partner is on the contract and wishes to sublet to the other cohabiting partner, landlord permission is required. This might be a temporary solution but not always a long-term one.

Agreement Upon Cohabiting Separation

While the rental agreement is central, it's important to remember other aspects to regulate during a separation. The Cohabitation Act (Sambolagen) primarily governs shared housing and household goods acquired for joint use. However, a rental agreement is not automatically part of the division of assets under the Cohabitation Act, unless the property is a condominium or a owned apartment acquired jointly. Nevertheless, the right to reside in a rented apartment can be influenced by the asset division.

If you have a joint rental contract and one partner is granted sole right to the shared dwelling through asset division, this might strengthen their claim to keep the apartment. However, the landlord ultimately decides who gets to rent the space.

FAQ

Can I stay if my cohabiting partner terminates the rental agreement?

If you are not listed on the rental agreement, you have no automatic right to stay. If you have a joint contract, it depends on your agreement or if you can take over the responsibility for the contract alone and be approved by the landlord.

What happens if my cohabiting partner cannot pay their share of the rent?

With a joint rental contract, you are jointly and severally liable. This means the landlord can demand the full rent amount from either of you.

Does the landlord have to approve a cohabiting partner taking over the rental agreement?

Yes, the landlord always has the right to approve who is listed on a rental agreement. Even if you have an agreement between yourselves, the landlord must approve a new party or a sole party taking over the contract.

Can I demand that my cohabiting partner move out of a rented apartment?

If you have a joint rental contract and cannot agree, you may need to apply to the Enforcement Authority (Kronofogden) for assistance in evicting your partner, but this is a complex process that requires a strong basis. It is often simpler to jointly terminate the agreement and find new housing.

What is the difference between cohabiting partners and married couples regarding rental agreements?

Cohabiting partners are governed by the Cohabitation Act, while married couples are governed by the Marriage Code. However, for rental agreements, the principles are often similar, but the Cohabitation Act does not provide the same automatic protection for the shared dwelling as the Marriage Code might. It is always important to have a clear rental agreement and any internal agreements to protect both parties.