Can Landlord Demand Back Overcharged Rent in Sweden
What applies legally?
In Sweden, tenancy relationships are primarily regulated in the Land Code, chapter 12, and interpreted in practice by the Rent Tribunal and the courts.[1] If a rent level is judged to have been set incorrectly, there may be a possibility of reclaim, but each case requires individual assessment.
When can the landlord demand repayment?
- Double payment or incorrect invoicing.
- Correction after the rent was set too low by mistake.
- When the Rent Tribunal or a court decides on a reclaim.
How to dispute a claim?
Always dispute in writing and request an itemized specification of the amount. State clearly why you believe the claim is incorrect and attach copies of receipts or bank statements showing what you have paid.
- Keep receipts, bank statements and rent slips as evidence.
- Respond in writing to the landlord and request a full specification.
- Contact the Rent Tribunal for information about applying for a review.[2]
- If faced with enforcement action, contact the Enforcement Authority for advice.[3]
What happens if you do not repay?
If you reject a reclaim, the landlord can apply for a payment order or bring a lawsuit. Such proceedings can result in the case being referred to the Enforcement Authority for collection if you lose in court. At the same time, you will have the opportunity to present your evidence in a review.
Frequently Asked Questions
- Can the landlord demand repayment several years later?
- It depends on the circumstances and limitation periods, and whether the landlord can show the payment was incorrect; legal review may be required.[1]
- Do I have to pay while a dispute is ongoing?
- It varies; you should seek advice and document your dispute. In some cases the payment obligation may formally remain during review.
- When should I contact the Rent Tribunal?
- Contact the Rent Tribunal when you cannot reach agreement with the landlord or when you need a formal review of the rent level or reclaim.[2]
How to
- Save all documentation: rent slips, receipts and bank statements.
- Write a formal dispute to the landlord and request full accounting of the claim.
- If you cannot agree, apply to the Rent Tribunal for review.
- Follow the decision and consider legal help if you lose and believe the decision is incorrect.
Key takeaways
- Always keep proof of your rent payments.
- Dispute claims in writing and ask for a full specification.
- Use the Rent Tribunal when you cannot reach agreement.
Help and support
- Rent Tribunal: applications and e‑services
- [Law text] Land Code (1970:994), chapter 12 — Riksdagen
- Enforcement Authority: collection and information