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Rental Notice Period

3 Calendar Months notice definition in Sweden?

Gahoneys
post 6.Mar.2015, 09:12 AM
Post #1
Joined: 2.Nov.2014

Hello Everyone.

A bit of advise please if anyone can shed light or confirm.

We have given 3 months notice on our rental house from 17th Feb 2015.

Our contract states the following - "The tenant has 3 calendar months notice anytime during the lease" making our last day for handover 16th may 2015

1) Definition of calendar month.

According to Wiktionary, Calendar Month is:

The period of duration from the same date of one month to the same date of the next month, and thus can be 28, 29 during a leap year, 30 or 31 days long. For example the duration from 21st January to 20th February.

Our landlord is an extreamly difficult person to deal with and has email us the following, stating it has been sent from his attorney -

"Pursuant to 2
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Essingen55
post 6.Mar.2015, 09:15 AM
Post #2
Joined: 12.Dec.2013

I am afraid that I would think you are wrong and they are right.
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Solith
post 6.Mar.2015, 09:38 AM
Post #3
Joined: 9.Jul.2006

[quote]4
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ShaunD
post 6.Mar.2015, 11:26 AM
Post #4
Joined: 25.Sep.2006

Yes your landlord is 100% correct on this one.

Check your contract though as we have/had our house for rental last year ad we did everything 'by the book', and, the rules we had were that if we (landlords) were to terminate the contract we had to give the tenant 3 calendar months notice. If the tenant wishes to terminate (which he did thankfully as we needed him out anyway), then he had to give only 1 calendar months notice.

The same may well apply here for you as well if you have a 'normal contract'. (Edit: just noticed that it's your landlord that has terminated so yes 3 calendar months will apply).

Our tenant wasn't happy in that he gave us his notice in the middle of the month and so presumed that 4 weeks later he was out, when we told him the one month applies from the 1st of the next month he was not happy ! Still, it's all sorted for us now which was the main thing !
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Gahoneys
post 7.Mar.2015, 10:27 AM
Post #5
Joined: 2.Nov.2014

Thank you everyone for taking the time to reply to my question. Looking into this further I forgot to mention that we have a Fixed Term Contract (one year) and not an indefinite one. I have taken the time to copy and paste entries from the following Land Code. In my case, I think Section 4 .3 for a "fixed term" contract should apply, not Section 4.1 for an "indefinite term" contract.

Appreciate any advice.
Many thanks

Land Code (SFS 1970:994) Sweden

Section 4. A tenancy agreement valid for an indefinite term can, if a longer period of notice has not been agreed on, be cancelled with effect
1. from the turn of the month occurring immediately after three months from the notice, when the agreement refers to a dwelling unit, or
2. at the turn of the month occurring immediately after nine months from the notice, when the agreement refers to non-housing premises.

If a fixed-term tenancy agreement is to be definitely cancelled and a longer period of notice has not been agreed on, notice shall be given not less than
1. one day in advance if the term of the tenancy is not more than two weeks,
2. one week in advance if the term of the tenancy is more than two weeks but not more than three months,
3. three months in advance if the term of the tenancy is more than three months and the tenancy refers to a dwelling unit,
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*Guest*
post 7.Mar.2015, 10:49 AM
Post #6


Call these guys:

Hyresgastforenigen

They are lawyers that will give advice to renters to make sure your not getting screwed around. The advice is free and pretty much always correct. I believe since your not a member they won't actually call and deal with the landlord on your behalf to settle the conflict but they will give you some free advice to make sure you know your rights (to the best of my knowledge). Really though, if your going to rent in Sweden these guys are the best 75 kr a month insurance you can buy, and they are pitbulls. We have had to use them twice and both times the issue was settled in a matter of hours after there call.

Best of luck.
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Gahoneys
post 7.Mar.2015, 12:05 PM
Post #7
Joined: 2.Nov.2014

Many thanks for your advice, . We will check this out.
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PHDB
post 9.Dec.2017, 07:26 PM
Post #8
Joined: 9.Dec.2017

Hello

I am pretty much in the same situation. My fixed term contract (9 months) has a 3 months notice period.
If I give it on 15th Dec, does the notice period end on 15th March or 31st March.

I would tend to say 15th Mar according to
https://www.riksdagen.se/sv/dokument-lagar/...fs-1970-994#K12

------------
4 § Hyresavtal som gäller för obestämd tid kan, om inte längre uppsägningstid har avtalats, sägas upp för att upphöra att gälla
1. vid det månadsskifte som inträffar närmast efter tre månader från uppsägningen, när avtalet avser en bostadslägenhet, eller
2. vid det månadsskifte som inträffar närmast efter nio månader från uppsägningen, när avtalet avser en lokal.

Skall ett hyresavtal för bestämd tid sägas upp för att upphöra att gälla och är inte längre uppsägningstid avtalad, skall uppsägningen ske senast
1. en dag i förväg om hyrestiden är längst två veckor,
2. en vecka i förväg om hyrestiden är längre än två veckor men längst tre månader,
3. tre månader i förväg om hyrestiden är längre än tre månader och det är fråga om en bostadslägenhet,

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But as I don't speak Swedish, I am happy to get your feedback :-)
Thanks in advance
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PHDB
post 14.Dec.2017, 05:13 PM
Post #9
Joined: 9.Dec.2017

Auto-replying to myself if it can help others

Quoting www.hyresgastforeningen.se's reply
"If you give your notice on 15th December, the end of your contract will be the last day of Mars 2018"
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intrepidfox
post 14.Dec.2017, 06:39 PM
Post #10
Location: Gothenburg
Joined: 18.Jul.2012

QUOTE (PHDB @ 14.Dec.2017, 05:13 PM) *
Auto-replying to myself if it can help othersQuoting www.hyresgastforeningen.se's reply"If you give your notice on 15th December, the end of your contract will be the ... (show full quote)



Correct
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