# Rental Agreement Without Security of Tenure: What Applies to You as a Tenant?

*25 juni 2026*

> A rental agreement without security of tenure might feel insecure, but what does it truly mean for you as a tenant? Learn about your rights and what you should consider.

Signing a rental agreement is a significant step, and understanding all its terms is crucial. One of the most important concepts to be aware of is the security of tenure, often referred to as 'besittningsskydd' in Swedish law. But what happens when you encounter a **rental agreement without security of tenure**? This article aims to clarify what such an agreement means for you as a tenant, what your rights are, and what you need to be aware of before signing.

## What is Security of Tenure?

Before delving into the implications of an agreement without security of tenure, it's essential to grasp what this protection actually entails. Security of tenure is a statutory right that shields tenants from arbitrary eviction by the landlord. It provides you, as a tenant, with a sense of security and the right, in certain circumstances, to remain in the apartment even if the landlord wishes to terminate the lease. This protection is a cornerstone of Swedish rental legislation, designed to foster stability in the rental market.

## When Can a Rental Agreement Lack Security of Tenure?

In Sweden, most tenants have security of tenure, but there are exceptions. A **rental agreement without security of tenure** can occur in specific situations. A common example is when the tenant actively and voluntarily chooses to waive their security of tenure. This must be done through a separate agreement, known as a 'besittningsavtalsavstående' (waiver of security of tenure agreement), which must be approved by the Rent Tribunal (Hyresnämnden). Without this approval, the waiver is invalid. Another instance might involve short-term rentals or the renting of a room within one's own residence, although the regulations surrounding these can be complex.

### Requirements for Waiving Security of Tenure

For a waiver of security of tenure to be valid, several conditions must be met:

*   **Voluntariness:** The waiver must be entirely voluntary on the tenant's part.
*   **In Writing:** The agreement to waive must be in writing.
*   **Rent Tribunal Approval:** The agreement must be approved by the Rent Tribunal. This is to ensure the tenant is not being exploited or pressured into waiving their rights.
*   **Reasonable Compensation:** In some cases, the Rent Tribunal may require the landlord to pay reasonable compensation to the tenant for waiving their security of tenure.

## Consequences of an Agreement Without Security of Tenure

If you have entered into a valid **rental agreement without security of tenure**, it means your right to remain in the apartment after the lease term ends is not guaranteed in the same way as if you had security of tenure. The landlord can, in principle, terminate the agreement without needing to provide a specific reason that would necessitate the tenant's consent under security of tenure provisions. This can lead to increased uncertainty for you as a tenant, especially if you plan to live at the address for an extended period.

### What Does This Mean for Tenant Rights?

Even without security of tenure, you still possess fundamental tenant rights. The landlord must still:

*   **Provide a Habitable Dwelling:** The apartment must be in good condition and meet applicable standards.
*   **Maintain the Property:** The landlord is responsible for maintenance and repairs.
*   **Respect Your Privacy:** The landlord cannot enter your apartment without your permission, except in emergencies or for agreed-upon inspections.
*   **Comply with Other Rental Laws:** Laws concerning the landlord-tenant relationship, such as rent negotiations and rules regarding disturbances, still apply.

However, it's crucial to understand that your ability to contest a termination notice is significantly limited if you have correctly waived your security of tenure.

## Important Considerations Before Signing

Entering into a **rental agreement without security of tenure** is a decision that should be made with full awareness of the consequences. Here are some key points to consider:

1.  **Understand the Agreement:** Read the entire rental agreement carefully. If there's a clause about waiving security of tenure, ensure you understand what it entails and why the landlord requires it.
2.  **The Rent Tribunal's Role:** Verify that the waiver has been approved by the Rent Tribunal. Ask to see the decision document.
3.  **Alternatives:** Are there other apartments available that do not require a waiver of security of tenure?
4.  **Timeframe:** How long do you plan to stay? For shorter periods, an agreement without security of tenure might be acceptable. For longer stays, it could pose a greater risk.
5.  **Negotiate:** If you feel pressured, try to negotiate with the landlord. Perhaps you can agree on different terms, or the landlord might offer another apartment.
6.  **Seek Advice:** If you are unsure, don't hesitate to seek legal advice or contact the Tenants' Association (Hyresgästföreningen) for assistance in understanding your rights and obligations.

## Frequently Asked Questions

### What is the difference between a standard rental agreement and one without security of tenure?

The main difference lies in your right to remain in the property. With a standard rental agreement, you have statutory security of tenure protecting you from arbitrary evictions. An agreement without security of tenure, if correctly entered into and approved, removes this right, making it easier for the landlord to terminate the lease.

### Can I be forced to sign a rental agreement without security of tenure?

No, you cannot be forced to enter into an agreement to waive your security of tenure. The waiver must be voluntary. If you feel pressured, you should contest this and seek assistance.

### What happens if I sign a waiver agreement without the Rent Tribunal's approval?

Such an agreement is invalid. You retain your statutory security of tenure despite having signed the document. The landlord cannot rely on a waiver that has not been approved by the Rent Tribunal.

### Can I, as a tenant, terminate an agreement without security of tenure?

Yes, as a tenant, you can always terminate your rental agreement according to the terms specified in the agreement and in accordance with the notice periods stipulated by rental law. The absence of security of tenure does not affect your own right to terminate the agreement.

### Is it always negative to have a rental agreement without security of tenure?

Not necessarily. For shorter rental periods, such as temporary employment or studies, an agreement without security of tenure can be a practical solution. It might also sometimes lead to a lower rent. The important thing is that you are aware of the risks and that the agreement is correctly drafted and approved.
