Rent new premises and terminate the old one

Step by step

1. 1

   Step 1: Read the old rental agreement: rental period, notice period and what applies to the condition when you move out. our advice

2. 2

   Step 2: Calculate the last day for notice: nine months before the end of the rental period, or to the nearest month change after nine months if the contract applies indefinitely.

   § 12 kap. 4 § first paragraph 2 jordabalken (1970:994), checked 5 October 2026

   § 12 kap. 4 § second paragraph 4 and 5 jordabalken (1970:994), checked 6 October 2026

3. 3

   Step 3: Terminate in writing and make sure the landlord receives the termination.

   § 12 kap. 8 § jordabalken (1970:994), checked 3 October 2026

4. 4

   Step 4: Write the new agreement so that the access is before the move-out from the old premises. our advice

5. 5

   Step 5: Return the old premises in the condition required by the agreement.

   § 12 kap. 24 § sixth paragraph jordabalken (1970:994), checked 6 October 2026

Steps 1 and 4 are our advice. Other steps according to 12 kap. jordabalken (the Swedish Land Code).

What is considered a rental apartment?

Everything that is rented out and is not a home. The Swedish Courts list, among other things, shops, restaurants, offices, industrial premises and garages. Hyreslagen in 12 kap. jordabalken applies to both homes and rental apartments, but several rules differ, and those that protect tenants often do not apply to rental apartments.

Source: Swedish Courts: Rental of rental apartment.

How long is the notice period for business premises?

It depends on the agreement. An agreement that applies until further notice is terminated to the month change closest after nine months, unless you have agreed on a longer period. For an agreement for a fixed term, the time before the end of the rental period applies: at the latest nine months before if the rental period is longer than nine months, and at the latest three months before if it is longer than three but at most nine months.

A fixed-term agreement otherwise ends when the time runs out, but if you have rented for more than nine months in a row, it must also be terminated. If you do not do so, the agreement is extended. Therefore, read the agreement, as a longer notice period may have been agreed.

Source: Jordabalken, 12 kap. (riksdagen.se). 12 kap. 3 and 4 §§.

How do you terminate a rental apartment?

In writing, when the rental period has lasted longer than three months. If you terminate verbally, it only applies if the landlord acknowledges the termination in writing. If you send the termination in a recommended letter, it is considered made when the letter is submitted. Save the receipt, it shows the day you terminated.

Source: Jordabalken, 12 kap. (riksdagen.se). 12 kap. 8 §.

Can we terminate to get new terms instead of moving?

Yes. The tenant can terminate the rental agreement for extension on amended terms and must then write which changes you want. If you do not agree, you must refer the dispute to hyresnämnden for mediation within two months, otherwise the termination is without effect.

Source: Jordabalken, 12 kap. (riksdagen.se). 12 kap. 58 a §.

What is possession protection for a rental apartment?

The protection of possession for a premises is indirect: the landlord can refuse to extend the contract, but then you are usually entitled to compensation, at least one year's rent according to the terminated contract. The landlord's notice must state the conditions for an extension or why an extension is refused, and inform you that you must contact hyresnämnden within two months. If you do not do so, you will lose your right to compensation.

The protection does not apply if the rental relationship ends before it has lasted longer than nine months in a row. The parties can also agree to waive it in a special document. If this is done before you have rented for nine months, the approval of the Hyresnämnden (the Regional Rent Tribunal) is usually required. Hyresnämnden can also grant a postponement of the move-out for a maximum of two years, if you apply before the end of the rental period.

Source: Jordabalken, 12 kap. (riksdagen.se), Sveriges Domstolar: Hyra av lokal. 12 kap. 56 to 59 §§.

What should we look at in the new contract?

The rental period and notice period, as they control the next move. The rent must be stated as an amount, but it can also be turnover-based rent, and in an agreement of at least three years, the rent can be calculated in another way, for example with an index clause. The maintenance can be agreed upon by the parties for a premises, and an agreement that makes you responsible for more than the law's rules applies. Therefore, read what the agreement says about the condition when you move in and out, and who pays for the adaptation of the premises.

Source: Jordabalken, 12 kap. (riksdagen.se). 12 kap. 15, 19 and 24 §§.

Can we transfer the premises if the business is sold?

The person who rents a premises for business activities may transfer the rental right to the person who takes over the business, if hyresnämnden gives permission. Permission is given if the landlord does not have a justified reason to say no. If you have had the premises for less than three years, special reasons are required. Subletting of the premises requires the landlord's consent.

Source: Jordabalken, 12 kap. (riksdagen.se). 12 kap. 36 and 39 §§.

The law behind it

The sections summarised, with a link to the legal text on riksdagen.se.