Can the landlord raise the rent mid-contract?

Can the landlord raise the rent mid-contract?

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No, as a general rule, the landlord cannot raise the rent in the middle of an ongoing contract period. The rent is agreed at a fixed amount and cannot be unilaterally changed by the landlord during the term. This follows from Chapter 12, Section 19 of the Land Code (jordabalken), which states that the rent must be fixed in amount and that changes require agreement or a decision by the Rent Tribunal (Hyresnämnden).

If you have a fixed-term contract, for example for one year, the agreed rent applies for the entire period. The landlord cannot come in October and say the rent will increase from November, just because they want to. If the landlord wants to raise the rent, they must either wait until the contract period has expired or, for an indefinite contract, terminate the contract to renegotiate the rent – and even then, there are rules that protect you as a tenant.

What applies to indefinite contracts?

For an indefinite contract (tillsvidareavtal), that is, a contract that applies until further notice, the landlord can request a rent increase. But this does not happen automatically and not without a process. The landlord must send a written request for a new rent, and if you cannot agree, the landlord can bring the matter to the Rent Tribunal (Hyresnämnden). The Rent Tribunal then assesses whether the new rent is reasonable, among other things by comparing with similar flats in the area.

A common misconception is that the landlord can raise the rent by a certain index or percentage without further ado. That is not the case. There is no automatic indexation in the Rent Act. An increase must always be reasonable and justified. The Rent Tribunal can also decide that an increase may only take effect from a certain point in time, often no earlier than one month after the landlord has made the claim.

Can the landlord raise the rent mid-contract for subletting?

For subletting (andrahandsuthyrning), partly different rules apply. If you sublet your tenant-owned flat (bostadsrätt), or if you yourself rent in the second hand, the rent can be adjusted during the contract period – but only under certain conditions. The law states that the parties may agree that compensation for utilities such as heating, electricity and water shall be paid at an amount corresponding to the cost of consumption.

This means that a subletting landlord cannot raise the rent mid-contract without support in the agreement. However, the agreement may contain a clause stating that the rent is adjusted when operating costs change. Such a clause must be clearly formulated and must not be unreasonable. If the clause is missing, the agreed rent applies for the entire period.

What does the law say about tenant protection?

The tenant's protection against rent increases mid-contract is strong. The basic protection is found in Chapter 12 of the Land Code (jordabalken), which states that rental agreements must be in writing if either party requests it, and that the rent must be fixed in amount. A landlord who raises the rent without support in the agreement or law risks having to repay overpaid rent.

If the landlord nevertheless raises the rent without grounds, you as a tenant can contest the increase. Do so in writing and keep all documentation. Then contact the Rent Tribunal (Hyresnämnden) for guidance. The Rent Tribunal can determine that the old rent applies and that the increased rent must be repaid.

Table: When can the landlord raise the rent?

SituationCan the landlord raise?Conditions
Fixed-term contract, during the termNoRequires new agreement
Indefinite contractYes, but not immediatelyWritten request, review by the Rent Tribunal
SublettingOnly if the agreement allowsClear clause, otherwise no
New contract after the term endsYesNew negotiation, reasonable rent

What can you do if the landlord raises it anyway?

If the landlord raises the rent mid-contract without grounds, you should act quickly. Start by objecting to the increase in writing. State that you do not accept it and that you refer to the current agreement. Then pay the old rent until the dispute is resolved. Paying the increased rent can be interpreted as accepting it.

Then contact the Rent Tribunal (Hyresnämnden). You can apply to have the rent determined. The Rent Tribunal reviews the case and can decide that the old rent applies. If the landlord has already received too much, the tribunal can also decide on repayment. Read more about how the Rent Tribunal works in our guide on the Rent Tribunal and your rights as a tenant.

Can the landlord raise the rent mid-contract for rent-to-buy?

For rent-to-buy (hyrköp), which is regulated by the Rent-to-Buy Housing Act (lagen om hyrköp av bostad), special provisions apply. This means that a change in the fee must be regulated in the agreement to be valid.

The law states that the rent seller must provide information on how the rent-to-buy fee can be changed. If the agreement does not contain such a clause, the fee cannot be raised mid-contract. This protects the rent buyer from unexpected costs. For more information on rent-to-buy, see our article on must the landlord approve rent-to-buy under the new law.

What applies to newly produced flats?

For newly produced flats, there is a special regulation called presumption rent (presumtionshyra). This means that the rent for new production can be set higher than the use value, but the landlord cannot then raise the rent during the first years without special reasons. The presumption rent usually applies for 15 years, but during that time the rent may only be increased in accordance with what has been agreed, often linked to the consumer price index.

Here too, an increase mid-contract requires support in the agreement. If the agreement states that the rent follows the index, the landlord can raise the rent in line with the index change. But without such a clause, there is no room for an increase.

Frequently asked questions

Can the landlord raise the rent with three months' notice mid-contract?

No. For a fixed-term contract, the landlord cannot raise the rent during the term, regardless of notice. For an indefinite contract, a written request is required and often a review by the Rent Tribunal. Three months' notice is not enough to unilaterally change the rent.

What happens if I pay the increased rent without protesting?

If you pay the increased rent for a longer period without objection, it can be interpreted as accepting the increase. Therefore, it is important to contest the increase in writing immediately. Keep all correspondence and pay the old rent until the dispute is resolved.

Can the landlord raise the rent to cover increased operating costs?

Not without support in the agreement. If the agreement contains a clause stating that the rent is adjusted when operating costs change, the landlord can do so. Otherwise, a new agreement or a decision by the Rent Tribunal is required. For subletting, special rules apply in the Private Housing Act (privatuthyrningslagen).

Do the same rules apply to a tenant-owned flat sublet in the second hand?

Yes, in principle. For subletting a tenant-owned flat (bostadsrätt), the Private Housing Act (privatuthyrningslagen) applies, which requires that the rent is fixed in amount. An increase mid-contract requires support in the agreement. Read more about subletting a tenant-owned flat and new rules.

Summary

The question of whether the landlord can raise the rent mid-contract has a clear answer: no, not without support in the agreement or law. The tenant has strong protection through the Land Code (jordabalken) and, for subletting, through the Private Housing Act (privatuthyrningslagen). If you are affected by an unjustified increase, act quickly, contest it in writing and contact the Rent Tribunal.

To avoid disputes, make sure your rental agreement is clear and in writing. Check whether there are clauses about rent adjustment. If you are unsure of your rights, seek advice from the Swedish Union of Tenants (Hyresgästföreningen) or a lawyer with expertise in tenancy law. You can also read our other guides, for example on deposits and what the landlord may deduct or on furnished surcharge and when you can add 15 percent.

This text is general information and not legal advice. For your specific case, you should contact a lawyer or the Rent Tribunal.

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