Renting an Apartment as a Cohabitant: What Applies to the Lease?

Renting an apartment as a cohabitant is a significant milestone, but it is crucial to understand the legal framework surrounding the lease. Many couples overlook the fact that the rules regarding who has the right to the home during a separation can be complex.

Legal Aspects of Renting as a Cohabitant

Who is on the lease?

The person listed as the tenant with the landlord is legally responsible for the contract. If you both want equal security, you should explore the possibility of having both names on the lease from the start.

What are the rights of a cohabitant in a rental property?

Under Swedish law, a rental property acquired for joint use can be considered common cohabitation property. This means the partner most in need of the home may have the right to take over the lease in the event of a separation.

How should you draft an agreement for cohabitants?

Drafting an agreement involves both the landlord's rules and internal arrangements. While a cohabitation agreement can regulate your internal finances, the landlord's approval is always required for changes to the lease itself.

Can you add a partner to the lease?

Yes, it is often possible, but it requires the landlord's consent. Contact your landlord to see if they accept a co-applicant or a transfer of the contract.

What happens if one partner moves out?

If the person on the lease moves out, the remaining partner does not automatically have the right to stay. The landlord must approve a transfer, which often requires you to have been registered at the address for a significant period.

How does renting as a cohabitant affect security of tenure?

Security of tenure is tied to the tenant on the contract. If you are both on the lease, you both have stronger protection against termination by the landlord.

Do you need a cohabitation agreement for a rental?

A cohabitation agreement cannot override the landlord's rules, but it can regulate how you share costs and what happens if you break up. It provides a clear structure for your shared living situation.

What happens in the event of death?

If a cohabitant passes away, the surviving partner may have the right to take over the lease under certain conditions, especially if you have lived together for a long time or have children together.