Chapter 7. Rights and obligations of the tenant-owner

When the apartment is to be possessed for the first time after a tenant-owner right has been granted, the association shall provide the apartment in such condition that, according to the general opinion in the locality, it is fully usable for the intended purpose. This applies unless otherwise agreed.

If the apartment, when it is to be possessed for the first time after the granting of the tenant-owner right, is not in the condition that the tenant-owner has the right to demand according to Section 1, he may remedy the defect at the association's expense, if the board does not arrange for the measure as soon as possible after being notified. If the defect cannot be remedied without delay or if the board fails to arrange for the measure as soon as possible after notification, the tenant-owner may, after giving notice, withdraw from the tenant-owner right.

Notice of termination may, however, only be given if the defect is of significant importance.

Once the defect has been remedied, notice of termination may not be given. For the time the apartment is in a defective condition, the tenant-owner is entitled to a reasonable reduction of the annual fee.

The tenant-owner is also entitled to compensation for damage if the defect is due to negligence on the part of the association.

If the tenant-owner is not allowed to take possession of the apartment at the correct time when the apartment is to be possessed for the first time after a granting of a tenant-owner right, and the delay is not attributable to him, he is entitled to a reasonable reduction of the annual fee for the time he cannot use the apartment or part thereof. If the hindrance is of significant importance, the tenant-owner may, after giving notice, withdraw from the tenant-owner right. Notice of termination may not be given after possession has been taken.

The tenant-owner is also entitled to compensation for damage if the delay is due to negligence on the part of the association.

Once possession has been granted, the association is obliged to keep the apartment, the building, and the land in good condition, to the extent that the responsibility does not rest with the tenant-owner according to Section 12. The provisions in Section 2 apply if the association neglects its repair obligations or if a hindrance or detriment to the right of use arises in any other way through the association's fault. Law (1995:1464).

If there is vermin in the apartment to the detriment of the tenant-owner, Section 2 applies in relevant parts. If the vermin appeared after the apartment was possessed, what has been stated now does not apply if it occurred through the negligence or neglect of the tenant-owner or someone for whom he or she is responsible according to Section 12, third paragraph, point 2.

In the case of a residential apartment that constitutes part of a building, the board is obliged to take suitable measures to exterminate vermin, even if the tenant-owner is responsible according to the first paragraph for the occurrence of such in the apartment. If the tenant-owner is without responsibility for the vermin, he is entitled to compensation for necessary costs incurred by him through measures to exterminate the vermin. Law (2003:31).

The tenant-owner may not use the apartment for any purpose other than the intended one. The association may, however, only invoke a deviation that is of considerable importance to the association or another member of the association.

If a residential apartment not intended for recreational purposes is held with a tenant-owner right by a legal person, the apartment may only be used to be sublet in its entirety as a permanent residence, unless otherwise agreed.

The tenant-owner may not, without the board's permission, perform a measure in the apartment that involves

• 1. interference with a load-bearing construction,
• 2. installation or alteration of pipes for drainage, heating, gas, or water,
• 3. installation or alteration of a device for ventilation,
• 4. installation or alteration of a fireplace or flue, or other impact on fire protection, or
• 5. any other significant change to the apartment.

For an apartment that has special historical, cultural-historical, environmental, or artistic values, permission is always required for a measure that means such a value is affected.

The board may refuse to grant permission for a measure only if it is of tangible damage or inconvenience to the association. A permit may be subject to conditions. If the tenant-owner is dissatisfied with the board's decision, he or she may request that the Rent and Tenancy Tribunal review the matter. Law (2022:1026).

The tenant-owner may not accommodate outside persons in the apartment if it may cause detriment to the association or another member of the association.

When the tenant-owner uses the apartment, he or she shall ensure that those living in the surroundings are not exposed to disturbances that, to such an extent, may be harmful to health or otherwise deteriorate their living environment so that they should not reasonably be tolerated. The tenant-owner shall also otherwise, in his or her use of the apartment, observe everything required to preserve health, order, and good condition within or outside the building. He or she shall comply with the special rules that the association issue in accordance with local custom.

The tenant-owner shall maintain close supervision to ensure that these obligations are also fulfilled by those for whom he or she is responsible according to Section 12, third paragraph, point 2.

If such disturbances in the housing occur as referred to in the first paragraph, first sentence, the association shall

• 1. give the tenant-owner a warning to ensure that the disturbances cease immediately, and
• 2. if it is a question of a residential apartment, notify the social welfare committee in the municipality where the apartment is located about the disturbances.

The second paragraph does not apply if the association terminates the tenant-owner's right due to the disturbances being particularly serious with regard to their nature or extent.

If the tenant-owner knows or has reason to suspect that an object is infested with vermin, it may not be brought into the apartment.

The Government or the authority determined by the Government establishes forms for the notification referred to in the second paragraph, point 2. Law (2004:390).

A tenant-owner may sublet his apartment to someone else for independent use only if the board gives its consent. This also applies in the cases referred to in Section 6, second paragraph.

Consent is, however, not required

• 1. if a tenant-owner right has been acquired at an executive sale or forced sale according to Chapter 8 by a legal person who held a pledge in the tenant-owner right and who has not been accepted as a member of the association, or
• 2. if the apartment is intended for permanent residence and the tenant-owner right to the apartment is held by a municipality or a region.

The board shall be notified immediately of a subletting according to the second paragraph. Law (2019:873).

If the board refuses to give its consent to a subletting, the tenant-owner may still sublet his apartment if the Rent and Tenancy Tribunal grants permission for the subletting. Permission shall be granted if the tenant-owner has grounds for the subletting and the association has no legitimate reason to refuse consent. The permission shall be limited to a certain time.

In the case of a residential apartment held by a legal person, permission only requires that the association has no legitimate reason to refuse consent. The permission can be limited to a certain time.

A permit for subletting may be subject to conditions. Law (2014:319).

The tenant-owner shall, at his own expense, keep the apartment in good condition, unless otherwise determined in the statutes or follows from the second to fifth paragraphs. This also applies to land, if such is included in the granting.

The tenant-owner is not responsible for repairs of pipes for drainage, heating, gas, electricity, and water, if the association has provided the apartment with the pipes and these serve more than one apartment. The same applies to ventilation ducts.

For repairs due to fire or water pipe damage, the tenant-owner is responsible only if the damage occurred through

• 1. his or her own negligence or neglect, or
• 2. negligence or neglect by
  • a) someone belonging to his or her household or visiting him or her as a guest,
  • b) someone else whom he or she has accommodated in the apartment, or
  • c) someone who performs work in the apartment on his or her behalf.

For repair due to fire damage that occurred through the negligence or neglect of someone other than the tenant-owner himself, the latter is however responsible only if he or she failed in care and supervision.

The third paragraph applies in relevant parts if there is vermin in the apartment. Law (2003:31).

If the tenant-owner neglects his responsibility for the condition of the apartment according to Section 12, or performs a measure in violation of Section 7, so that someone else's safety is endangered or there is a risk of extensive damage to someone else's property and the tenant-owner does not remedy the defect as soon as possible after being requested to do so, the association may remedy the defect at the tenant-owner's expense. Law (2022:1026).

Representatives of the tenant-owner association have the right to enter the apartment when necessary for supervision or to perform work for which the association is responsible or has the right to perform according to Section 12 a. When the tenant-owner has renounced the tenant-owner right according to Chapter 4, Section 11 or when the tenant-owner right is to be forcibly sold according to Chapter 8, the tenant-owner is obliged to allow the apartment to be shown at a suitable time. The association shall ensure that the tenant-owner does not suffer greater inconvenience than necessary.

The tenant-owner is obliged to tolerate such restrictions on the right of use as are caused by necessary measures to exterminate vermin in the building or on the land, even if his apartment is not troubled by vermin. In such a case, Section 5 applies.

If the tenant-owner does not grant access to the apartment when the association has the right to it, the Swedish Enforcement Authority may decide on special assistance. Regarding such assistance, there are provisions in the Act (1990:746) on Payment Orders and Assistance. Law (2006:710).

Every member shall pay a fee to the tenant-owner association in the form of a contribution (capital contribution) when the tenant-owner right is granted to him or her. The association also has the right to charge an annual fee for current operations and, if stated in the statutes, a granting fee, a transfer fee, a pledge fee, and a fee for subletting.

If a cost related to heating or cooling of the member's apartment or its provision with hot water or electric current can be charged to the member after individual measurement, the calculation of the annual fee, to the extent the fee refers to compensation for such cost, shall be based on the measured consumption.

A decided contribution can be changed according to Chapter 9, Sections 13 and 16. The association may not otherwise charge special fees for measures that the association must take due to this law or any other statute.

Upon conversion of a tenancy to a tenant-owner right, the association may not charge a granting fee until one month from the day the association offered the tenant to have the apartment granted with a tenant-owner right. Until six months have elapsed from the day of the offer, the fee may at most correspond to interest on the contribution according to Section 5 of the Interest Act (1975:635).

The fee for subletting may for an apartment annually correspond to a maximum of ten percent of the price base amount according to Chapter 2, Sections 6 and 7 of the Social Insurance Code. If an apartment is sublet during part of a year, the maximum permitted fee is calculated according to the number of calendar months the apartment is sublet. Law (2014:336).

Fees to the association shall be paid to the association's address or another address specified by the association. Payment may always be made by money order, postal giro, or bank giro.

If the tenant-owner pays his fee at a post or bank office, the amount is considered to have reached the association immediately upon payment. If the tenant-owner submits a payment order for the fee to a bank, post, or giro office, the amount is considered to have reached the association when the payment order was received by the intermediary office.

If the tenant-owner does not in due time pay the contribution or granting fee that is to be paid before the apartment may be possessed and if correction does not occur within one month from a formal demand, the association may rescind the granting agreement. This does not apply if the apartment was possessed with the board's consent.

If the agreement is rescinded, the association is entitled to compensation for damage.

In Sections 18-25, there are provisions regarding forfeiture when fees are paid too late after possession.

The association has a lien on the tenant-owner right for its claim on such fees as referred to in Section 14, first paragraph. In the event of attachment or bankruptcy, such a lien is equated with a possessory pledge.

Such a lien as referred to in the first paragraph has priority over a pledge that has been granted by a holder of the tenant-owner right, unless otherwise follows from Section 31. Law (1995:1464).

If a decision has been made on a significant fee increase for the tenant-owner right, the tenant-owner may, after giving notice, withdraw from the tenant-owner right, if it is not unreasonable towards the association or its members that the right is withdrawn. Notice shall be given within three months from the day the tenant-owner became aware of the fee increase.

The right of use to an apartment held with a tenant-owner right and which has been possessed is, with the limitations following from Sections 19 and 20, forfeited and the association thus entitled to terminate the tenant-owner's right to move out,

• 1. if the tenant-owner delays in paying the contribution or granting fee for more than two weeks or the longer time that may be determined in the statutes from the time the association, after the due date, demanded that he or she fulfill his or her payment obligation,
• 1 a. if the tenant-owner delays in paying the annual fee or fee for subletting for more than one week after the due date in the case of a residential apartment or more than two business days after the due date in the case of a commercial premises,
• 2. if the tenant-owner, without the necessary consent or permission, sublets the apartment to another,
• 3. if the apartment is used in violation of Section 6 or 8,
• 4. if the tenant-owner or the person to whom the apartment has been sublet is, through negligence, the cause of vermin in the apartment or if the tenant-owner, by not informing the board without unreasonable delay that there is vermin in the apartment, contributes to the vermin spreading in the building,
• 5. if the apartment is neglected in any other way or if the tenant-owner neglects his or her obligations according to Section 9 in the use of the apartment or if the person to whom the apartment has been sublet in the use thereof neglects the obligations that a tenant-owner has according to the same section,
• 6. if the tenant-owner does not grant access to the apartment according to Section 13 and he or she cannot show a valid excuse for this,
• 7. if the tenant-owner does not fulfill an obligation that goes beyond what he or she must do according to this law, and it must be considered of utmost importance to the association that the obligation is fulfilled,
• 8. if the apartment is entirely or to a significant part used for such business activity or similar activity that is criminal or where criminal procedure is included to a non-negligible part or is used for temporary sexual relations for compensation, or
• 9. if the tenant-owner without necessary permission performs a measure specified in Section 7, first or second paragraph.

Law (2022:1026).

The right of use is not forfeited if the burden on the tenant-owner is of minor importance. In the assessment, special consideration shall be given to whether what is charged against the tenant-owner has its basis in a close relative or former close relative having subjected the tenant-owner or someone in the tenant-owner's household to a crime.

The right of use to a residential apartment is not forfeited due to an obligation referred to in Section 18, point 7, not being fulfilled, if the tenant-owner is a municipality or a region and the obligation cannot be fulfilled by a municipality or a region.

An obligation for the tenant-owner to hold employment in a certain company or any similar obligation may not be the basis for forfeiture. Law (2019:873).

The tenant-owner may not be terminated due to such a circumstance as referred to in Section 18, points 2, 3, 5-7, or 9 if he or she, after being warned, takes correction as soon as possible.

The tenant-owner may also not be terminated due to such a circumstance as referred to in Section 18, point 2, if it is a question of a residential apartment, or such a circumstance as referred to in Section 18, point 9, if he or she as soon as possible applies for permission from the Rent and Tenancy Tribunal and is granted the application.

The tenant-owner may not, in the case of a residential apartment, be terminated due to disturbances in the housing according to Section 18, point 5, until the social welfare committee has been notified according to Section 9, second paragraph, point 2.

In the case of particularly serious disturbances in the housing, what is said in Section 18, point 5, applies even if the tenant-owner has not been urged to take correction. In the case of such disturbances involving a residential apartment, the tenant-owner may be terminated without prior notification to the social welfare committee. A copy of the termination shall, however, be sent to the social welfare committee. This paragraph does not apply if the disturbances occurred when the apartment was sublet in the manner specified in Section 10 or 11. Law (2022:1026).

If the right of use is forfeited due to a circumstance referred to in Section 18, points 1-3, 5-7, or 9, the tenant-owner may still not be separated from the apartment on such grounds if he or she takes correction before the association has terminated his or her right to move out. This does not apply, however, if the right of use is forfeited due to such particularly serious disturbances in the housing as referred to in Section 9, third paragraph.

The tenant-owner may also not be separated from the apartment if the association has not terminated the tenant-owner's right to move out within three months from the day the association learned of a circumstance referred to in Section 18, point 4 or 7. The same applies if the association, within two months from the day the association learned of a circumstance referred to in Section 18, point 2 or 9, has not told the tenant-owner to take correction. Law (2022:1026).

A tenant-owner can be separated from the apartment due to a circumstance referred to in Section 18, point 8, only if the association has terminated the tenant-owner's right to move out within two months from when the association learned of the circumstance. If the criminal activity has been reported for prosecution or if a preliminary investigation has been initiated within the same time, the association however retains its right of termination until two months have passed from the time the judgment in the criminal case has gained legal force or the legal proceedings have been concluded in any other way.

If the right of use according to Section 18, point 1 a, is forfeited due to delay in payment of the annual fee or fee for subletting, and the association has consequently terminated the tenant-owner's right to move out, he or she may not be separated from the apartment due to the delay

• 1. if the fee - in the case of a residential apartment - is paid within three weeks from when
  • a) the tenant-owner, in such a manner as specified in Sections 27 and 28, has been served a notice of the possibility of regaining the apartment by paying the fee within this time, and
  • b) notice of the termination and the reason for this has been provided to the social welfare committee in the municipality where the apartment is located, or
• 2. if the fee - in the case of a commercial premises - is paid within two weeks from when the tenant-owner, in such a manner as specified in Sections 27 and 28, has been served a notice of the possibility of regaining the apartment by paying the fee within this time.

In the case of a residential apartment, a tenant-owner may not be separated from the apartment if he or she has been prevented from paying the fee within the time specified in the first paragraph, point 1, due to illness or similar unforeseen circumstance and the fee has been paid as soon as possible, but no later than when the dispute over eviction is decided in the first instance.

The first paragraph does not apply if the tenant-owner, by repeatedly failing to pay the fee within the time specified in Section 18, point 1 a, has neglected his or her obligations to such an extent that he or she reasonably should not be allowed to keep the apartment.

A decision on eviction may be issued no earlier than the third business day after the expiry of the time specified in the first paragraph, point 1 or 2.

The Government or the authority determined by the Government establishes forms for the notice and communication referred to in the first paragraph. Law (2014:319).

If the tenant-owner is terminated for any cause specified in Section 18, points 1, 4-6, or 8, he or she is obliged to move out immediately.

If the tenant-owner is terminated for any cause specified in Section 18, points 2, 3, 7, or 9, he or she may remain until the end of the month occurring closest after three months from the termination, unless the court orders him or her to move earlier. The same applies if the termination occurs for a cause specified in Section 18, point 1 a, and the provisions in Section 23, third paragraph, are applicable.

Upon termination in other cases for a cause specified in Section 18, point 1 a, the other provisions in Section 23 apply. Law (2022:1026).

If the association terminates the tenant-owner's right to move out, the association is entitled to compensation for damage.

A notice of termination shall be in writing. If it is the tenant-owner who gives notice, it may be given to the person authorized to receive the annual fee on behalf of the association. Law (2003:31).

Written notice of termination shall be served on the person sought for termination. Service may not occur according to Sections 34-38 and 48 of the Service of Documents Act (2010:1932).

If the person sought for termination is not met at his or her residence, the notice may be sent in a registered letter to his or her usual address. A copy of the notice shall also be left either in the sought person's residence with an adult member of the household to which he or she belongs or, if he or she conducts business with a fixed office, at the office with someone employed there. If no one mentioned is found, the notice shall instead be placed in the sought person's mailbox, if any exists. The notice is considered to have occurred when what has been stated now has been fulfilled.

If the person on whom notice is to be served has no known residence in Sweden and there is also no known representative authorized to receive the notice for him or her, notice may occur through public notice in the Official Swedish Gazette (Post- och Inrikes Tidningar). Law (2010:1959).

A summons application with a claim for the right to withdraw from the tenant-owner right or for the separation of the tenant-owner from the apartment, as well as an application for eviction of the tenant-owner, applies as a notice of termination when service has occurred in due order.

If a tenant-owner right is terminated for any cause specified in Sections 2-5 and 17, the tenant-owner right immediately transfers to the association. The association shall pay reasonable compensation for the tenant-owner right.

If the tenant-owner has possessed the apartment, a lease agreement shall be considered entered into for the time from the termination, if the tenant-owner in the notice requested to remain in the apartment. In such a case, Chapter 4, Section 9 applies.

If the tenant-owner has been separated from the apartment as a result of termination in cases referred to in Section 18, the tenant-owner right shall be forcibly sold according to Chapter 8 as soon as possible, unless the association, the tenant-owner, and the known creditors whose rights are affected by the sale agree on something else. The sale may, however, be postponed until defects for which the tenant-owner is responsible have been remedied. Law (1995:1464).

If the association has been notified that a tenant-owner right is pledged, the association shall without delay notify the pledgee if the tenant-owner has unpaid fees to the association to an amount exceeding what of the annual fee is attributable to one month and the tenant-owner delays with payment for more than two weeks from the due date.

If the association neglects this duty, the association does not have priority for payment over the pledgee at an executive sale or forced sale according to Chapter 8 regarding

• 1. the fee amounts that fell due for payment during the time the association's negligence lasted, and
• 2. the part of the annual fee that fell due for payment closest after a notification was made.

The second paragraph does not apply regarding fee amounts that fell due for payment during the time the pledgee had knowledge of the tenant-owner's payment negligence. Law (1995:1464).

If such a message from the association as referred to in Section 9, Section 12 a, Section 16, Section 18 point 1, Section 20 first paragraph, Section 23 first paragraph point 1 b or Section 31 first paragraph or Chapter 2, Section 8 second paragraph point 2 or Chapter 6, Section 1 second paragraph, Section 1 a or Section 2 is sent by registered letter to the recipient's usual address, the association shall be considered to have fulfilled its obligations. The same applies regarding such messages from the tenant-owner as referred to in Section 2 and Chapter 6, Section 6. Law (2019:536).

If the building in which the apartment is located is transferred or sold at an executive sale, the tenant-owner right ceases. The association is thereby obliged to pay reasonable compensation for the tenant-owner right. If the association enters into liquidation within three months from when the question of the association's liability for compensation has been finally decided or if the association is declared bankrupt within the same time, however, the tenant-owner's right to receive compensation for the tenant-owner right shall be assessed according to the rules applicable to the distribution of the association's assets.

If the tenant-owner right ceases according to the first paragraph and the apartment has been possessed, a written lease agreement shall be considered entered into. In such a case, Chapter 4, Section 9 applies.