When renting out or renting an apartment for residential purposes, either ch. 12 applies. JB, the s.k. the Rent Act, or the Private Rental Act, ie. the law (2012: 978) on renting out one's own home. Here we will discuss in which cases which of the laws are applicable.
The Private Leases Act does not apply when a tenancy is sublet. The Private Leasing Act also does not apply when the letting takes place in a business. Even if the lease agreement has been entered into before 1 February 2013, the Private Leases Act does not apply.
The Private Rental Act is a very good law, fairly new, and when renting, it stipulates in most cases 1 month's notice for the tenant, and 3 months' notice if the landlord terminates the tenant. This applies if you have entered into the agreement for an indefinite period. If the agreement is entered into for a fixed period, the lease agreement runs throughout the period.
An important part of the Private Leasing Act is that there is no security of tenure in that law. Possession protection means that the tenant has the right to stay even if the landlord terminates the agreement. In the Private Leases Act, the security of tenure has thus been removed.
Thus, if you sublet, or conduct business activities when renting out apartments, the Private Rental Act does not apply, but instead ch. the ground beam, i.e. called the Rent Act. In the Rent Act, the tenant must terminate a home (terminate the tenancy) three months in advance, ie three months' notice. If the landlord terminates the tenant, it applies that if the tenancy has lasted for more than three months, a notice period of three months.
A major difference between the Private Leases Act and the Rent Act applies to security of tenure. If, for example, you sublet, if the tenancy has lasted for more than two years, you will have security of tenure if you sublet. This means that you can not be separated from the apartment without further ado, but have the right to stay.
For this reason, therefore, if you sublet, it may be a good idea to cancel the security of tenure, especially if the tenancy lasts longer than two years. But even in shorter cases, it can be good to agree on the possession protection. Otherwise, it will be difficult for you to terminate your second-hand tenant, since ch. the provisions of the Rent Act on security of tenure will apply.
You who rent an apartment from e.g. a municipal housing company, or someone who conducts business activities when renting out apartments, thus has a far-reaching security of tenure and in many cases a right to remain in the apartment if the contract has been entered into for an indefinite period.
Private leasing thus mainly applies to first-hand contracts and when you do not rent out in a business. In these cases, the security of tenure will not exist.
It is also important to carefully read through various leases carefully. There are a number of different leases on the internet, and sometimes these stipulate that the Rent Act shall apply. If you then agree on the Private Lease Act, it means that the Rent Act will apply with security of tenure and longer notice. It is therefore important to read these agreements carefully. The best thing you can do is consult a lawyer or lawyer to review any leases and establish one for you. This is the safest way to go if you are going to rent out in the long run and want everything to be right. Otherwise, these free agreements are usually also good, IF you read through them carefully and write in deviations you want to include in the contract.
This was all about this. You are of course welcome to contact us at Centrumadvokaterna if you have any questions.