Are you allowed to sublet? Answer step by step
One question at a time. The answer leads you to the next question or to a result, with the legal provision under each question.
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Question 1: Do you stay living there yourself and only let out part of the apartment?
Yes: Then it is generally a lodger, and you do not need the landlord's permission. There must not be more residents than the landlord can reasonably be expected to accept.
No: Move on. Go to step 2.
12 kap. 41 § jordabalken (1970:994), checked 3 October 2026
12 kap. 39 § jordabalken (1970:994), checked 3 October 2026
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Question 2: Will someone else live in the apartment independently, with or without rent?
Yes: This is subletting and requires the landlord's consent. Go to step 3.
No: Then there is nothing to apply for.
12 kap. 39 § jordabalken (1970:994), checked 3 October 2026
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Question 3: Does the landlord say yes to your written application?
Yes: Good. The next step is the rent. Go to step 6.
No: Then hyresnämnden can consider the matter. Go to step 4.
12 kap. 39 § jordabalken (1970:994), checked 3 October 2026
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Question 4: Do you have noteworthy reasons? For example temporary work or studies in another place, illness, a longer stay abroad, a trial period of living together, age or family reasons.
Yes: Then you can apply to hyresnämnden. Go to step 5.
No: Then hyresnämnden cannot grant permission. You can stay, give notice on the apartment, or swap it for another rental apartment.
12 kap. 40 § jordabalken (1970:994), checked 3 October 2026
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Question 5: Apply to hyresnämnden. It is free of charge and done in writing, preferably on form HN1c. Do you get permission?
Yes: The permission applies for a set period, as a rule at most one year at a time. Go to step 6.
No: Then you may not sublet. If you sublet anyway, you can lose your contract.
12 kap. 40 § jordabalken (1970:994), checked 3 October 2026
12 kap. 42 § första stycket 3, 5 och 6 jordabalken (1970:994), checked 3 October 2026
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Question 6: Set the rent: at most your own rent, plus at most 15 per cent for furniture and what electricity, broadband or parking costs you.
Then: The next step is the contract. Go to step 7.
12 kap. 55 § fjärde stycket jordabalken (1970:994), checked 3 October 2026
12 kap. 42 § första stycket 3, 5 och 6 jordabalken (1970:994), checked 3 October 2026
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Question 7: Write a contract with the subtenant for the period the consent or permission applies.
Then: The last step concerns the time you sublet. Go to step 8.
12 kap. 45 § första stycket 1 jordabalken (1970:994), checked 3 October 2026
Template: Sublease contract for a rental apartment
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Question 8: During the letting you pay the rent to the landlord and are responsible for the apartment. Never charge for the contract itself, and declare any surplus.
Then: Done. You may sublet, with the landlord's yes or hyresnämnden's permission, for the period it applies.
12 kap. 65 § jordabalken (1970:994), checked 3 October 2026
12 kap. 42 § första stycket 3, 5 och 6 jordabalken (1970:994), checked 3 October 2026
12 kap. 43 § andra stycket jordabalken (1970:994), checked 3 October 2026
42 kap. 30 § inkomstskattelag (1999:1229), checked 3 October 2026
42 kap. 31 § inkomstskattelag (1999:1229), checked 3 October 2026
The answer
What counts as subletting?
Someone else living in the apartment independently, with or without rent. It requires the landlord's consent (12 kap. 39 §). If you do not use the home yourself to a noteworthy extent, each letting counts as independent use. Sveriges Domstolar also counts lending without rent here. If you stay living there and let out a room, it is instead a lodger, which does not require permission as long as there are not more residents than the landlord can reasonably be expected to accept (12 kap. 41 §).
Source: Jordabalken, 12 kap. (riksdagen.se), Sveriges Domstolar: Hyra ut bostad i andra hand.
Which reasons does hyresnämnden accept?
The law calls them noteworthy reasons and mentions family circumstances, age, illness, temporary work or studies in another place, a longer stay abroad and comparable reasons (12 kap. 40 §). Sveriges Domstolar also mentions a trial period of living together. Bostadsbolaget and Familjebostäder in Gothenburg list studies, temporary work, a stay abroad and a trial period of living together.
Source: Jordabalken, 12 kap. (riksdagen.se), Sveriges Domstolar: Hyra ut bostad i andra hand, Bostadsbolaget: Andrahandsuthyrning, Familjebostäder: Hyra ut i andra hand.
How long can you sublet?
For a set period. The permission must be limited in time and can come with conditions (12 kap. 40 §). Sveriges Domstolar writes that hyresnämnden as a rule does not grant permission for longer than one year at a time, and as a rule not for more than three years in total.
Source: Jordabalken, 12 kap. (riksdagen.se), Sveriges Domstolar: Hyra ut bostad i andra hand.
How much rent can you charge?
At most your own rent. On top of that you may add a supplement for furniture of at most 15 per cent of your rent, and for electricity, broadband or parking at most what it costs you (12 kap. 55 §). If you pay 8,000 kronor a month, the furniture supplement is therefore at most 1,200 kronor. If only part of the apartment is let out, a corresponding share applies.
Source: Jordabalken, 12 kap. (riksdagen.se).
What happens if you sublet without permission or charge too much rent?
Then the tenancy may be forfeited, meaning the contract can be terminated (12 kap. 42 § 3 och 6). The landlord must then terminate the agreement within six months of learning of it (12 kap. 43 §). The person renting from you can claim back the part of the rent that is unreasonable, for up to two years back, and must apply no later than three months after the agreement ended, according to Sveriges Domstolar.
Source: Jordabalken, 12 kap. (riksdagen.se), Sveriges Domstolar: Skälig hyra vid uthyrning av bostad.
Does the subtenant have security of tenure?
Not if the letting ends before it has lasted two years in a row (12 kap. 45 §). Then the tenant has no right to stay when the agreement ends.
Source: Jordabalken, 12 kap. (riksdagen.se).
Can you charge for the contract?
No. Anyone who requests, agrees to or accepts special payment for letting out a residential apartment is sentenced to imprisonment for at most two years, and for a minor offence to a fine or imprisonment for at most six months (12 kap. 65 §).
Source: Jordabalken, 12 kap. (riksdagen.se).
Do you have to pay tax on the rent?
Only on a surplus. You deduct a standard deduction of 40,000 kronor per home and year, and also the part of your own rent that relates to the let part (42 kap. 30 och 31 §§ inkomstskattelagen). If there is no surplus, you do not report the letting. A surplus is taxed at 30 per cent as capital income, according to Skatteverket (the Swedish Tax Agency).
Source: Inkomstskattelag (1999:1229), 42 kap. (riksdagen.se), Skatteverket: Hyra ut privatbostad, bostadsrätt, småhus och hyresrätt.
How the municipal landlords in Gothenburg handle it
Bostadsbolaget and Familjebostäder write that permission is always required and that the shortest letting period is three months. Familjebostäder usually answers within three weeks and accepts applications digitally in HemmaHos or on a form.
Source: Bostadsbolaget: Andrahandsuthyrning, Familjebostäder: Hyra ut i andra hand.
Templates: subletting contracts for rental apartment
The application to the landlord and the contract with the subtenant. The guidance shows what an application to hyresnämnden must contain, with a link to the form. All templates on the site are collected under templates for your move.
Letter: Application for subletting to the landlord To: The landlord
The template is in Swedish because it goes to a Swedish recipient.
- You need the landlord's consent to sublet the apartment for independent use (12 kap. 39 § jordabalken (the Swedish Land Code)).
- The rent may be at most your own rent, plus at most 15 per cent for furniture and what electricity, broadband or parking costs you (12 kap. 55 § jordabalken).
- Attach documentation of your reasons. Bostadsbolaget and Familjebostäder in Gothenburg accept applications digitally or on a form.
Document: Sublease contract for a rental apartment To: You and the subtenant; each of you keeps a copyour advice
The template is in Swedish because it goes to a Swedish recipient.
- A written agreement is not required, but it shows what you have agreed. If you sign the agreement before you have permission: state that it applies only if you get permission (Sveriges Domstolar).
- The furniture supplement may be at most 15 per cent of the main tenancy rent, and a supplement for electricity, broadband or parking at most what it costs you (12 kap. 55 § jordabalken).
- The subtenant has no security of tenure if the letting ends before it has lasted two years in a row (12 kap. 45 § jordabalken).
Guidance: Application to hyresnämnden for subletting To: Hyresnämnden (the Regional Rent Tribunal) where the apartment is located
The template is in Swedish because it goes to a Swedish recipient.
- Hyresnämnden grants permission if you have noteworthy reasons and the landlord has no justified ground for refusing. The permission is limited to a set period (12 kap. 40 § jordabalken).
Form HN1c at Sveriges Domstolar (pdf)
Common questions
Do I have to ask the landlord if I am only lending out the apartment?
Yes, if someone else will live there independently. Sveriges Domstolar also counts lending without rent as subletting, and it requires the landlord's consent (12 kap. 39 § jordabalken).
Can I have a lodger without permission?
Yes, as a rule, if you stay living there yourself. There must not be more residents than the landlord can reasonably be expected to accept (12 kap. 41 § jordabalken).
Can the landlord say no if I have noteworthy reasons?
Yes, if the landlord has a justified ground for saying no, for example that the subtenant is not judged to be well behaved. In that case hyresnämnden does not grant permission either (12 kap. 40 § jordabalken).
What does it cost to apply to hyresnämnden?
Nothing. According to Sveriges Domstolar, applying for permission to sublet is free of charge.
The law behind it
The sections summarised, with a link to the legal text on riksdagen.se.
12 kap. 39 § jordabalken (1970:994), checked 3 October 2026
The tenant may not sublet the apartment for independent use without the landlord's consent. If the tenant does not use the home to a noteworthy extent, each letting counts as independent use.
12 kap. 40 § jordabalken (1970:994), checked 3 October 2026
Hyresnämnden grants permission for subletting if the tenant has noteworthy reasons (family circumstances, age, illness, temporary work or studies in another place, a longer stay abroad or comparable), the landlord has no justified ground for refusing, and the rent does not exceed a reasonable rent under section 55 fourth paragraph. The permission must be limited to a set period and can come with conditions.
12 kap. 41 § jordabalken (1970:994), checked 3 October 2026
The tenant may not accommodate outsiders to an extent that the landlord cannot reasonably be expected to accept; the number of people, the time, living conditions and the risk of disturbances are taken into account.
12 kap. 42 § första stycket 3, 5 och 6 jordabalken (1970:994), checked 3 October 2026
The tenancy is forfeited if the tenant sublets the home without consent or permission and has no valid excuse (3), gives, receives or requests special compensation for a transfer or letting (5), or receives rent that is not reasonable under 55 § fourth paragraph without a valid excuse (6).
12 kap. 43 § andra stycket jordabalken (1970:994), checked 3 October 2026
In the case of forfeiture under 42 § 3 or 6, the tenant can be required to leave the apartment only if the landlord has terminated the agreement within six months of learning of it, at the latest six months after the situation ended. For 42 § 5, six months from knowledge applies, at the latest five years after the compensation.
12 kap. 45 § första stycket 1 jordabalken (1970:994), checked 3 October 2026
Security of tenure (sections 46-52) does not apply to subletting for independent use that ends before it has lasted longer than two years in a row.
12 kap. 55 § fjärde stycket jordabalken (1970:994), checked 3 October 2026
In subletting, rent above the main tenancy rent, plus supplements for furniture, equipment and other benefits, is never reasonable. The furniture supplement may be at most 15 per cent of the main tenancy rent; supplements for other benefits at most the landlord's cost. When part is sublet, a proportionate share applies. Does not apply where block tenancy applies in the previous link. Wording according to Lag (2026:773), in force 1 July 2026.
12 kap. 65 § jordabalken (1970:994), checked 3 October 2026
Anyone who requests, agrees to or receives special compensation for letting a residential apartment or transferring a tenancy is sentenced to prison for up to two years; for a minor offence, a fine or prison for up to six months.
42 kap. 30 § inkomstskattelag (1999:1229), checked 3 October 2026
Payment received when a private home or a rental apartment is let out must be reported. Expenses are not deducted; instead a deduction of 40,000 kr per year and home is made, plus a deduction under section 31. The deduction may not exceed the income.
42 kap. 31 § inkomstskattelag (1999:1229), checked 3 October 2026
When a tenant-owned apartment is let out, the part of the fee that relates to the let part is deducted (excluding capital contributions); for a rental apartment, the part of the rent that relates to the let part; for a private-home property, 20 per cent of the income.