Avoiding Recoupment: Tenants' Rights in Sweden
As a tenant in Sweden, you may need to understand when a landlord has the right to demand money or costs after the tenancy has changed. Recoupment can concern deposits, repair costs, or inadequate maintenance, and it is important to distinguish between legitimate claims and unreasonable ones. This guide explains the most common situations, what evidence is usually required, how maintenance responsibility affects the issue, and what steps you can take if you want to dispute a claim. We also cover how Hyresnämnden and Kronofogden may be involved and offer practical advice on documenting damage and communicating with your landlord in a factual way. Learn also how to keep receipts and photo documentation.
When can the landlord demand money back?
The landlord's right to demand money back is governed by the Land Code (Jordabalken, Chapter 12) and applies, for example, to unpaid rent, costs for repairs caused by the tenant, or recoupment of a deposit. [1] For a recoupment claim to be valid, the claim often needs to be factually justified and documented.
- Keep receipts and photos (documents) that show damage and labor costs.
- Note dates and times (by, within) of events related to damage or repairs.
- Keep receipts for payments and deposits (deposit, payment) to show what has been paid.
Detailed documentation increases your chances in a dispute.
If you want to dispute a recoupment claim, ask the landlord for a specified list of charges and supporting documents. If you do not reach an agreement, you can apply for a review at the Rent Tribunal (Hyresnämnden) [2] or, if enforcement follows a decision, the Enforcement Authority (Kronofogden) may become involved [3].
How to
- Document damage immediately with dates, descriptions and photos (document).
- Request a specified written statement from the landlord (form) and ask for receipts for any costs.
- If you cannot reach an agreement, apply for a review at Hyresnämnden via the e-services on domstol.se (application). [2]
- If a decision must be enforced, Kronofogden can handle debt collection (court).
Always respond in writing and keep copies.
Frequently Asked Questions
- What is recoupment?
- Recoupment is a claim to recover money for costs the landlord believes the tenant should cover. The rules in the Land Code (Jordabalken, Chapter 12) determine what is allowed. [1]
- Can the landlord deduct for normal wear and tear?
- No, normal wear and tear is not damage the tenant must pay for. The landlord must show that the damage is due to negligence or exceeds normal wear.
- How do I dispute a recoupment claim?
- Request a specified statement, gather evidence and consider applying to Hyresnämnden if you cannot resolve the dispute. [2]
Key takeaways
- Always document damage and repairs with photos and receipts (document).
- Keep all payment receipts and deposit records (deposit, payment).
- Contact Hyresnämnden early if the dispute continues (court).
Help and support / Resources
- Land Code (Chapter 12) – riksdagen.se
- Rent Tribunal and forms – domstol.se
- Enforcement Authority – kronofogden.se
