(edit title) Help needed getting an apartment - Urgent Wife is pregnant and we being kicked out in 2 days Options

[t_annah]

Yesterday I got a phone call from my new landlord saying she had been told she is not allowed to rent her apartment out as she doesnt live in the country (she lives in China) and that we have to leave. She wasnt sure how long we would have but that she was going to sell the house and we can stay there until she sells it.

Today the chairman of the housing block knocked on the door and said we have 2 days to leave....

We are desperate to find a new apartment as my wife is 6 months pregnant and really doesnt need the stress, but I know getting somewhere here takes more than 2 days...

Anyone got any advice on finding somewhere fast, or know of any apartments we could rent?

I work in Hornstull, so we really want something that isnt too far from there / has good transport links, and preferably on the ground floor or has a lift so my wife doesnt have to walk up loads of stairs. We would also prefer furnished, but guess we can buy some furniture if we have to. Our budget is max 12,000sek a month

We dont smoke, are clean, and pretty quiet!

Oh and buying isnt really an option at the moment, we have been here for 7 months and dont have much saved...

Any help or advice would be really appreciated, thanks
Tom

[PDX]

I am not sure how this technically works, but before you could be evicted, I suppose a court order would have to be issued (to the apartment owner). Since you've been paying the rent etc on time, this is a rather minor "crime" if you can even call it that, so I would expect the court to give you a very generous amount of time to relocate.

Pure speculation on my part, but something to think about

~~~PDX~~~

[Snood]

Surly it is unlawful to tell you you have 2 days to leave?

[Yorkshireman]

Contact Hyresnämnden, it could be possible you try "Besittningsskydd".

Ask them, say especially about the pregnancy and 2 days notice. I am not sure it applies in Your case, but whatever happens they can tell You. And if it does allow you to mediate a leaving date, you have the right to stay until Hyresnämnded make a decision

I'm pretty certain that normally the minimum notice period is 1 month, but could be wrong :S

http://www.hyresnamnden.se/Besittningsskyd...skydd---Bostad/

[Essingen]

Contact Hyresnämnden, it could be possible you try "Besittningsskydd".

They have telephone time between 13 and 15 I think...get on to it.

[Shibumi]

Do not let them bully you into leaving before you have found a place. They have no pressing need for your current apartment and "rules are rules" is not a sufficient reason to put people out in the street. By the time they take official action to throw you out, you will likely have found something... especially with your budget. Keep in mind that you have done nothing wrong and as such, you deserve to be given adequate time to find decent shelter for your family.

You might want to also mention that the government is supposed to soon change the rental laws such that your landlady will no longer require permission to rent. See http://www.thelocal.se/40230/20120412/ You still have to move because the law is not yet in place, but it should further strengthen your position.

Good luck and keep us posted!

[mångk]

Yesterday I got a phone call from my new landlord saying she had been told she is not allowed to rent her apartment out as she doesnt live in the country (she lives in China) ... (show full quote)

Yesterday I got a phone call from my new landlord saying she had been told she is not allowed to rent her apartment out as she doesnt live in the country (she lives in China) and that we have to leave. She wasnt sure how long we would have but that she was going to sell the house and we can stay there until she sells it.

Today the chairman of the housing block knocked on the door and said we have 2 days to leave...

We are desperate to find a new apartment as my wife is 6 months pregnant and really doesnt need the stress, but I know getting somewhere here takes more than 2 days...

Anyone got any advice on finding somewhere fast, or know of any apartments we could rent?

I work in Hornstull, so we really want something that isnt too far from there / has good transport links, and preferably on the ground floor or has a lift so my wife doesnt have to walk up loads of stairs. We would also prefer furnished, but guess we can buy some furniture if we have to. Our budget is max 12,000sek a month

We dont smoke, are clean, and pretty quiet!

Oh and buying isnt really an option at the moment, we have been here for 7 months and dont have much saved...

Any help or advice would be really appreciated, thanks
Tom ... (hide full quote)

Take contact with hyresgästföreningen. From there website:

http://www.hyresgastforeningen.se/Fraga_Os...er-jag-mig.aspx

Om värden nekar dig att hyra ut din lägenhet i andra hand kan du ansöka om tillstånd hos hyresnämnden. Du måste då ha ett godtagbart skäl att hyra ut lägenheten.

Dessa skäl godkänns ofta av hyresnämnden:

•Studera på annan ort
•Arbeta tillfälligt på annan ort
•Längre utlandsvistelse
•Flytta ihop med någon på prov
•Få vård på sjukhus eller liknande
När du ansöker om tillstånd hos hyresnämnden ska du ange vem du vill hyra ut lägenheten till. Om du är medlem hos oss kan vi hjälpa till med din ansökan. Ring oss på 0771-443 443 eller kontakta oss via e-post.

Probably best to become a member as well!

Is your landlord actually a Swedish citizen? They can sometimes get permission from the court to hire out second hand if they are living outside of Sweden for a certain period of time.

[t_annah]

Thanks for your replies.
I have tried to contact Hyresnämnden but they only have telephone advice monday, wednesday and friday 13 - 15...
Bit annoying as the board have asked us to call them tonight to tell them which day we will be out on. I will try and plead with them, and mention the new law being passed (thanks Shibumi), but my wife answered the door to the chairman this morning , and when he told her she started to cry and asked him for more time and he said "there is nothing I can do" and didnt seem to care.

Do you think I would be entitled to any further protection? Its just I would like to be able to quote some laws or something to him when I call to try and get them to back off a bit, but with Hyresnämnden being closed today, I think I'm out of luck...

Also, my landlord is Chinese, and I am pretty sure she is not a swedish citizen. I can give her the information you have posted, but I don't think it will change our situation (unless I am mistaken?)

[Essingen]

Do you have a proper written agreement with your landlord?

[Localer]

I'm not sure whether am right, but seem like you have second hand contract and they have the right to ask you leave immediately.

hyresgästföreningen only helps those who owns have first hand contract ?

[Essingen]

If I understand this correctly the flat is a brf and the person who owns it has rented it out to you without asking the housing association, which is illegal. However, as far as I can see, this doesn't give the housing association the right to kick you out with two days notice. You still have a contact with the flat owner that you accepted in good faith.

I suggest that you try and get the upped hand a bit with the housing association by doing the following....

1. Call them this evening. Do not discuss the future law changes...irrelevant.
2. Tell them you have contacted a lawyer who says that their attempted eviction at two days notice is illegal.
3. Ask them to put their demands in writing and give you a copy. Ask them when this letter will be available.

As I see it ( and I am not a lawyer but I have sat on a drf) you have a relationship with your landlord and not the brf. You landlord is obliged to get you out, not the brf. The brf can take action against your landlord if she refuses to do so.

Remember...most people that sit on a brf are amateurs that don't have a clue. They won't give you a letter and you will have some more time to find somewhere else. Good luck.

[Yorkshireman]

I will try and plead with them, and mention the new law being passed (thanks Shibumi), but my wife answered the door to the chairman this morning , and when he told her she st ... (show full quote)

I will try and plead with them, and mention the new law being passed (thanks Shibumi), but my wife answered the door to the chairman this morning , and when he told her she started to cry and asked him for more time and he said "there is nothing I can do" and didnt seem to care. ... (hide full quote)

That new law is not a law now, it is a proposal after an investigation. If I remember correctly they still have a way to go before creating the final versions for acceptance.

It is not relevant here, and to raise it would only make a BRF Board act even faster, if they can!

State that You would like to speak with Hyresnämnden to understand the rules, since as far as you are concerned You have a valid contract to rent.

If they continue to heavily pressure, You can always approach the Social Office, and/or happen to mention that it isn't really good publicity should a story hit the press about these members of the BRF that would throw an expecting Mother onto the streets without giving reasonable amount of time to find another apartment.

[t_annah]

We have a contract, but it is only signed by the landlord, and has nothing about the board on it. I wasnt aware that you needed approval from them when we got the apartment, and I dont think she did. It is in English and she created it based on a template contract. It specifies the lease length, notice period, contents, and a few other points.

The contract is between me and the Landlord who owns the apartment, so I assume this is first hand?

[t_annah]

Thanks for your advice Essingen and Yorkshireman. I will try your approach when I call them tonight. Good point about the new law as well, I'll leave that bit out

On the apartment hunt, a few work colleagues have been helpful and given me a few numbers to call, so fingers cross one of them is suitable

[Essingen]

OK a bit more factual evidence that was I was saying is correct...

När du hyr ut en bostad i andrahand ska du alltid ha hyresvärdens eller föreningens tillstånd. Detta är mycket viktigt då du utan tillstånd omedelbart måste vidta rättelse och be din hyresgäst att flytta.

This is from Bostadsdirket.

It says that when your rent out your flat second hand you must always ask for the brf's permission. If you don't you will need to take corrective action and ask your client to move...

So...as I said...the brf does not have a relationship with you but with the owner of the flat. You can tell them that your landlord intends to sell the flat and that you have been given permission to stay there until that sale is completed. They of course will not like this, but it is up to them to put pressure on her to change that arrangement. They cannot come around to you and tell you to move in two days...

So...do what I said...but add that your "lawyer" says that the brf has no relationship with you but only with the owner of the flat. It is currently your intention to move out when the flat is sold. In reality this isn't reasonable because it may well put off prospective clients. You need to start finding somewhere else very soon.