Sign a sublet without the landlord's or the bostadsrättsförening's written permission, and you can put the first-hand tenant's own contract at risk, not just your place to live. Most newcomers to Sweden rent second-hand for years before reaching a first-hand contract of their own, so getting the andrahandskontrakt right early matters more than most guides admit. This article sets out what your contract must state, what rent is legal to charge, and what changed when a new law took effect on 1 July 2026.
Key takeaways:
- Get written permission before the sublet starts: from the landlord for a hyresrätt, from the bostadsrättsförening or owner for a bostadsrätt or villa.
- Your contract must name both parties, the address, the rental period, the rent breakdown, the notice period, the deposit, and, if furnished, an inventory list.
- Rent on a sublet hyresrätt cannot exceed what the first-hand tenant pays, plus up to 15 percent for furniture.
- From 1 July 2026, the new Privatuthyrningslag (2026:772) sets the rent test for a bostadsrätt or villa sublet, replacing the old cost-based calculation.
Permission decides whether the sublet is legal
If you are subletting a hyresrätt, you need written permission from the landlord; if you are subletting a bostadsrätt or villa, you need approval from the bostadsrättsförening or the owner. Per Hyresgästföreningen, without that written permission, the sublet is unauthorized from day one, regardless of how you and the other party describe the arrangement between yourselves.
Permission attaches to the named subtenant, not to the flat in general. If the subtenant changes, or the sublet runs longer than agreed, you need a fresh permit, not an extension by assumption. A typical grant covers six to twelve months at a time, per Hyresgästföreningen. If you expect the sublet to run longer, plan for a renewal request before the current permission lapses.
The consequence of skipping this step is severe. Per Hyresgästföreningen, unauthorized subletting after 1 October 2019 puts the first-hand tenant's own rental right at risk of forfeiture. The landlord has up to six months from discovering the unauthorized sublet to act on it. If you move in on an informal handshake, you are relying on the first-hand tenant's goodwill, not on a protected right of your own. Confirm the landlord or association has approved the arrangement in writing before you move in. This permission rule itself did not change in the 1 July 2026 reform, though the wider set of housing-law changes from that date touches several related rules.
Nine things the andrahandskontrakt must state
A written andrahandskontrakt with these elements protects both sides and gives Hyresnämnden something concrete to rule on if a dispute reaches the tribunal, per Boupplysningen. Treat the list below as a checklist, not as prose to skim:
- Both parties' full name, address, and contact details.
- The property's address, type, size, and included spaces, such as storage or common areas.
- What is and is not included in the rent, plus the payment day and account.
- The rental period: a fixed start and end date, or "tillsvidare" for an indefinite arrangement.
- The notice period, which differs by property type.
- Permitted use of the property, and any association rules that apply to it.
- The documented condition of the property at handover.
- An inventory list, if you let the flat furnished.
- The deposit amount, when it is paid, the conditions under which it can be deducted, and who insures the contents during the sublet.
Notice periods are one of the clauses newcomers most often get wrong, because the rule is not the same across property types. For a bostadsrätt or villa sublet, per Boupplysningen, the landlord must give three months' notice to end the agreement, while you as tenant need only give one month. For a fixed-term hyresrätt sublet, you may give three months' notice at any point, but the landlord cannot end that agreement early without valid cause. Neither Boupplysningen nor Hyresgästföreningen states a single fixed notice period for an indefinite hyresrätt sublet; it follows the general notice terms written into that specific rental agreement. Confirm the exact period in writing rather than assuming it matches the bostadsrätt figures above.
The rent cap on a sublet hyresrätt
Rent on a sublet hyresrätt cannot exceed what the first-hand tenant pays the landlord. If the flat is furnished, that allows a markup of up to 15 percent on top of the base rent, per Hyresgästföreningen. Charging more than that ceiling does not just breach the contract informally. It gives you grounds, as subtenant, to claim a refund, with Hyresnämnden deciding the case if the landlord or first-hand tenant will not settle it directly.
How far back your refund claim can reach depends on when you signed the sublet contract. Per Hyresgästföreningen, if you signed on or after 1 October 2019, you can claim back overpaid rent for up to two years. If you signed before that date, you carry a shorter, one-year lookback. Your claim itself must reach Hyresnämnden within three months of moving out, so if you suspect you were overcharged, do not wait to confirm it after you leave the flat.
This cap exists specifically for hyresrätt-to-hyresrätt subletting, governed by the ordinary hyreslag and hyresförhandlingslag framework. It is not the same rule that applies to a bostadsrätt or villa sublet, which runs on a separate legal basis covered next. See how sublet rent compares to a first-hand lease for the wider budget picture.
The rent cap on a sublet bostadsrätt or villa
A bostadsrätt or villa sublet runs on a different rent test than a hyresrätt sublet, and which test applies branches on the date you signed the contract. For an agreement made before 1 July 2026, the old Act on Letting One's Own Dwelling, Lag (2012:978), lets the landlord charge for operating costs plus a capital cost tied to the property's market value. That capital-cost component was never a fixed statutory percentage. Per Hyresgästföreningen, the law's preparatory materials pointed to a guideline of roughly a couple of percentage points above the Riksbank's reference rate, leaving the exact figure to case-by-case calculation.
For an agreement made from 1 July 2026 onward, the new Privatuthyrningslag (2026:772) replaces that cost-based calculation with a comparison test. Rent must not be "väsentligt högre än den hyra som i allmänhet tas ut" when similar dwellings are let under the same law. In practice, that means your rent cannot be substantially higher than what is generally charged for a comparable sublet in the area. If you dispute the rent under this test, Hyresnämnden sets it by comparison with what similar flats let for, rather than by working through the owner's operating and capital costs.
The date you signed the contract decides which test applies, not the date a dispute happens to reach Hyresnämnden. A sublet agreed in June 2026 stays under the 2012:978 cost test for its full term, unless you sign a new agreement after the changeover date. Only a contract dated 1 July 2026 or later falls under the new comparable-market rule. The new law applies only where the owner does not regularly let out more than two dwellings beyond their own home. Beyond that threshold, the ordinary hyreslag framework applies instead, with its own use-value rent and occupancy-protection rules.
What changed for subletting on 1 July 2026
Riksdagen passed proposition 2025/26:187, "En mer flexibel hyresmarknad," on 20 May 2026, and every change it introduced took effect on 1 July 2026, repealing the previous private-letting law for agreements made from that date forward. Beyond replacing the rent test described above, the reform also narrowed how a bostadsrättsförening can weigh your rental history when deciding whether to approve a new sublet request.
Before the reform, an association could point to almost any prior sublet as a reason to refuse a new one. Under the new law, per Riksdagen's proposition text, a prior sublet counts against a new approval request only if it happened "i betydande omfattning": to a significant extent. An isolated or short past sublet no longer counts automatically against a fresh request; the association has to show the earlier letting was substantial, not merely that one occurred. Riksdagen's text sets no fixed year count for what qualifies as significant. Expect Hyresnämnden to build that threshold case by case as disputes reach it, not from a bright-line number in the statute itself.
The practical effect for a newcomer planning a sublet is straightforward. The contract-drafting checklist and the permission requirement described above still apply in full. The date on your contract now decides which rent rule and which approval standard govern it. If you are queueing for a first-hand flat while subletting in the meantime, confirm the signing date against 1 July 2026 before assuming either rule applies; see the first-hand queue picture for that wider context.
Common questions about the andrahandskontrakt
Does a sublet need a new permit if the subtenant changes?
Yes. Permission applies to the named subtenant only; if a different person moves in, you need a fresh written permit from the landlord or the bostadsrättsförening, per Hyresgästföreningen.
What happens if the rent charged is too high?
You can bring the contract to Hyresnämnden and claim a refund. Per Hyresgästföreningen, that reaches up to two years back for a hyresrätt sublet contract from 1 October 2019 onward, one year back for an older contract. See how to file that claim with Hyresnämnden if a landlord or first-hand tenant will not settle the overcharge directly.
Does the 1 July 2026 law change apply to a sublet contract signed earlier?
No. An agreement from before 1 July 2026 stays under the old 2012:978 cost test for its full term; only an agreement dated 1 July 2026 or later uses the new Privatuthyrningslag comparable-market test.
Sweden's andrahand rent cap for bostadsrätt sublets changes on 1 July 2026
Get written permission first, from the landlord for a hyresrätt or from the bostadsrättsförening for a bostadsrätt or villa, before any sublet is legal. Your contract itself needs all nine elements: party details, property description, rent breakdown, rental period, notice period, permitted use, handover condition, an inventory list if furnished, and the deposit terms. Which rent test applies depends on both the property type and a hard date. A hyresrätt sublet is capped at the first-hand rent, plus up to 15 percent furnished. A bostadsrätt or villa sublet runs on the old cost test before 1 July 2026, and the new comparable-market test from that date onward. Confirm the signing date against that changeover before relying on either rule.
For the wider order housing unfolds in while you queue for a first-hand contract, see the housing pillar guide. If a landlord refuses permission or overcharges you, Hyresnämnden's dispute process is your next step. The personnummer a landlord will ask for belongs on the contract itself, not a separate form.
Sources
All facts retrieved 1 September 2026.
