Who Pays for Repairs in a Rental? Legal Guide 2024

Who Pays for Repairs in a Rental? Basic Rules

Who pays for repairs in a rental is a question many tenants ask, and the answer depends on the type of damage or fault. Under Swedish rental law, the landlord is generally responsible for major repairs and maintenance of the property, while the tenant often bears the cost of minor, everyday repairs. This division is codified in law to protect both parties and ensure the property is kept in good condition.

What Are the Landlord's Repair Obligations?

The landlord is legally responsible for ensuring the property is suitable for living and that major systems function correctly. This includes heating, water, electricity, roof, walls, floors, and major installations. If any of these systems break down or need repair, the landlord must cover the cost. It is recommended that tenants document all defects and send written notice to the landlord immediately.

Which Repairs Are the Tenant's Responsibility?

The tenant is typically responsible for minor repairs that are a natural consequence of normal use. This may include changing light bulbs, repairing small holes in walls from pictures, or replacing washers on taps. The boundary between "minor" and "major" repair is often disputed, but the rule of thumb is that if the repair costs less than a few hundred kronor and does not require professional help, it is often the tenant's responsibility.

Who Pays for Water Damage in a Rental?

Water damage is a complex issue where responsibility depends on the cause. If the water damage is caused by a fault in the building's construction or plumbing system – such as leaking pipes or poorly insulated roof – the landlord is responsible. If the damage is caused by the tenant's actions, such as forgetting to turn off a tap or blocking a drain, the tenant may be held responsible. Many landlords require tenants to have home insurance that covers such damage.

Minor Repairs – Tenant or Landlord – What Does the Law Say?

The law is not entirely clear on what constitutes a "minor" repair, which often leads to disputes. Generally, if the repair is a result of normal wear and tear or is necessary for the property to be habitable, the landlord is responsible. If it is a repair that a normal tenant can reasonably be expected to do themselves – such as hanging a shelf or changing a light switch cover – it is often the tenant's responsibility.

Can the Landlord Require the Tenant to Make Repairs?

The landlord cannot force the tenant to carry out major repairs. The landlord must either do them themselves or hire a professional. If the tenant makes the repair on the landlord's instructions, this must be documented in writing, and the tenant can then claim reimbursement for materials and labor. It is important to get this approved in advance to avoid disputes later.

What Should I Do If the Landlord Refuses to Repair?

If the landlord refuses to carry out necessary repairs, the tenant can take several steps. First, send a written reminder by letter or email with a copy. If the landlord still does not act, contact a tenant organization for legal advice. In serious cases, the tenant may have the right to make the repair themselves and deduct the cost from the rent, but this must be done according to specific rules.

How Do I Document Repair Needs?

Documentation is key to resolving repair disputes. Take photographs of the damage, note the date and time when the problem was discovered, and send a written notice to the landlord. Use email or registered mail so you have proof that the message reached the landlord. Describe the problem clearly and be specific – "leaking tap in the kitchen" is better than "something is leaking."

Who Pays for Repairs During the Warranty Period?

If the property is new or recently renovated, there may be a warranty period. During this time, the builder or landlord is responsible for everything functioning correctly. The warranty period varies but is often 5 years for major defects. If something breaks down during the warranty period, the landlord must repair it at no cost to the tenant.

Can the Tenant Make the Repair Themselves and Deduct It from Rent?

In some cases, a tenant can make a repair themselves and then deduct the cost from rent, but this must follow strict rules. The repair must be necessary for the property to be habitable, the landlord must have been given the opportunity to repair but refused or neglected to do so, and the tenant must document all costs. This is a last resort and should only be done after legal advice.