(edit title) Turning Illegal Second Hand Contract to Legal How to get the apartment after a time period Options

[leadguitar]

Hi,

A while back I read somewhere that if you have a first hand apartment contract and sublet it to someone else without permission,
the second hand tenant has the right after a period of time to take the contract to his name, because the original tenant
illegally has sublet the apartment. I can't find now formal information about this situation. Does any one know about this law and how it works? thanks!

[sandon]

Hi
This is not legally possible as the contract holder loses his contract and the the 2nd hand rentee is is evicted.
There is no law that makes this at all possible.

[Yorkshireman]

In simple terms ... When You rent second hand, the agreement is always between You and the one with the 1st hand contract. It is never between You and the landlord. The landlord decides who can have the 1st hand contract.

There is a very weak protection for second hand renters that says you have a degree of protection to stay in the apartment if you have lived there for 2 years, but it is meaningless, since it states that you may have possibility of taking over the right to live in the apartment after 2 years, and the 1st hand contractor loses that right.

As said it is meaningless, since the landlord does not have to accept it and can request you to leave anyway.

If there was no intiial agreement with the landlord for the 2nd hand renting in the first place ... then it is highly unlikely they would agree to let you have the apartment ... what happens there is most likely the 2nd hand contract holder has to leave, and the 1st hand contract holder will lose the contract also since they broke the agreement with the landlord.

Remember, as a 2nd hand contract holder You have absolutely no agreement with regards the landlord ... Your contract is with the 1st hand contract holder.

[leadguitar]

Thanks for the responses.

The person I'm subletting from told me they discovered that he has two student apartment contracts with two different
organizations, and he has to cancel one or the other. So he has cancelled this one, or at least this is how he tells me.
Can I tell them I am his friend living here, and now I need to stay in this place, so getting the contract? any possibilities?

[Yorkshireman]

There is a most definate queue system for Student apartments, they are special. Most companies have a rule about points etc... The holder of the 1st hand contract can contact the landlord and ask if he can transfer the apartment to You, however since they didnt get asked in the 1st place about the 2nd hand contract, they will not be too pleased anyway! One can but try.

[leadguitar]

The law that I mentioned regarding this case is called "Besittningsskydd" or "bessitningsrätt".
There is official information about it here http://www.hyresnamnden.se/Besittningsskyd...skydd---Bostad/

It's even mentioned that the right applies to second hand tenants, provided they have lived in the apartment for minimum of two years. But I don't quite understand how it works, and I'm wondering if someone has had a experience with it. Or is there a tenants association or something that I can directly call them and ask for information in simpler terms?

[Yorkshireman]

I know exactly what You mean. But unfortunately it is extremely weak protection when renting on a 2nd hand contract.

Basically, Your 2nd contract is with the 1st hand contract holder, not the landlord. ... if the landlord cancels the 1st hand contract, then you have no rights whatsoever to stay, and absolutely no rights to take over the 1st hand contract.

It is even more so weaker, non-existant I would say, when You have not been given permission from the landlord for the 2nd hand renting. And it will not count for student apartments since they are not supposed to be rented out in 2nd hand anyway, there are special rules for those.

[Puffin]

Besittingsskydd as a 2nd hand tennant is weak and disappears as soon as the 1st hand tennant gives up the contract

If it is a student apartment there are usually rules regarding queue points and number of study points required to live there