Tenant Rights: When Landlord Can Claim Defects in Sweden
As a tenant in Sweden it is important to know when a landlord can claim defects in the apartment and what it means for your rights and obligations. A claim about defects concerns who is responsible for faults, whether the landlord can demand compensation or correction, and what deadlines apply. This guide explains in clear and simple English the steps you can take, how to document damage, and when cases can be brought to the Rent Tribunal under Chapter 12 of the Swedish Land Code.[1]
What does "claim defects" mean?
To claim defects means that someone points out a fault or damage and requests it to be fixed. For the landlord, a claim can mean demanding that the defect be corrected or discussing compensation, and for the tenant it means communicating the problem in writing and giving the landlord reasonable time to remedy it.
What can the landlord do?
- Report and fix faults (repair) if the defect falls under the landlord's maintenance responsibility.
- Demand compensation or rent deduction (rent) if damage is due to tenant negligence.
- Issue a formal complaint or request a written account (file) if responsibility needs clarification.
- Refer the dispute to the Rent Tribunal (court) if the parties cannot agree.
How to protect yourself as a tenant
Documentation is crucial: take photos, note dates, keep receipts and confirmations. Notify the landlord in writing and allow reasonable time for repair. If the landlord claims something you consider unreasonable, always respond in writing and attach your documentation.
- Always take photos and save them with timestamps (photo).
- Keep receipts and payment records for repairs or materials (receipt).
- Send a written complaint or response by registered mail or email (file).
- Contact the Rent Tribunal for advice in case of disagreement (court).[2]
When does the matter go to the Rent Tribunal?
If you and the landlord cannot agree on responsibility or compensation, the matter can be decided by the Rent Tribunal. The tribunal can determine who is responsible for the repair, whether a rent reduction is reasonable, or if compensation should be paid. Before applying, review your documentation and try to communicate in writing with the landlord.
Frequently Asked Questions
- Can the landlord claim faults several years after the damage occurred?
- The landlord can seek repair or compensation, but the assessment of time and responsibility is case by case and can be examined by the Rent Tribunal.
- Can the landlord deduct from my rent if they claim I caused the damage?
- The landlord may seek compensation, but you have the right to have the claim specified and to dispute it in writing before any deduction or legal steps are taken.
- What should I do if the landlord abuses the claim process?
- Document, respond in writing, and contact the Rent Tribunal or an advisor for help in reviewing the matter.
How to
- Collect evidence: photos, dates and receipts (photo).
- Send a written complaint or response to the landlord (file).
- Allow reasonable time for repair and note response times (days).
- If you cannot agree, apply to the Rent Tribunal and attach all documentation (court).
Key takeaways
- Always document damages with photos and receipts.
- Communicate in writing and allow reasonable time for repair.
- The Rent Tribunal can decide responsibility and compensation.
