Printable Version of Topic

Click here to view this topic in its original format

The Local _ Legal _ Landlord says I wasn't allowed to use the address

Posted by: Aleen 10.Jun.2018, 01:05 PM

Hi everyone,
I'm in a very uncomfortable situation at the moment. I recently rented a room in a shared apartment. Signed the contract in May, the person I'm renting from is also the one sharing the apartment with me (so my landlord and roommate at the same time) I asked him if he was the owner of the apartment and he replied yes, so I signed the contract. After signing the contract I did the next logical thing to do: changed my address.

Here's the problem, my landlord/roommate realised I registered on the address last Friday and he is really upset about it, to the point of kicking me out.
He told me that in Sweden you can't register to an address if you are just renting a room (you can only do so if you own the place) which is highly suspicious in my opinion. Before renting the room, I was working as an aupair and the family registered me on their address as I was living with them. They also told me to change the address once I moved somewhere else as it is important for legal matters.

Nothing was specified in the contract or when we talked about the rules and for me the change of address is something you are obliged to do in a legal way. I'm really worried that he wasn't actually allowed to rent the room and that I'm implied in some black market thing.
The fact that he wants to break the contract and want me to move out as soon as possible is even more suspicious. He doesn't want to talk about it and said that I'm the one who did something wrong.

To add more problems, I will be travelling in the end of June and until half of July which give me only two weeks to find a new place and move all my stuff...

Is he actually allowed to kick me out for this reason ? Do I have any rights to protect myself ?
Is there anyone I can/should contact to help me ?
I don't want to have any troubles if the renting wasn't legal. I will definitely move out but now is really not the best time and I'm in complete panic as how I'll be able to find a solution...

Posted by: wallace1837 10.Jun.2018, 01:16 PM

QUOTE (Aleen @ 10.Jun.2018, 02:05 PM) *
Hi everyone,
I'm in a very uncomfortable situation at the moment. I recently rented a room in a shared apartment. Signed the contract in May, the person I'm renting from is also the one sharing the apartment with me (so my landlord and roommate at the same time) I asked him if he was the owner of the apartment and he replied yes, so I signed the contract. After signing the contract I did the next logical thing to do: changed my address.

Here's the problem, my landlord/roommate realised I registered on the address last Friday and he is really upset about it, to the point of kicking me out.
He told me that in Sweden you can't register to an address if you are just renting a room (you can only do so if you own the place) which is highly suspicious in my opinion. Before renting the room, I was working as an aupair and the family registered me on their address as I was living with them. They also told me to change the address once I moved somewhere else as it is important for legal matters.

Nothing was specified in the contract or when we talked about the rules and for me the change of address is something you are obliged to do in a legal way. I'm really worried that he wasn't actually allowed to rent the room and that I'm implied in some black market thing.
The fact that he wants to break the contract and want me to move out as soon as possible is even more suspicious. He doesn't want to talk about it and said that I'm the one who did something wrong.

To add more problems, I will be travelling in the end of June and until half of July which give me only two weeks to find a new place and move all my stuff...

Is he actually allowed to kick me out for this reason ? Do I have any rights to protect myself ?
Is there anyone I can/should contact to help me ?
I don't want to have any troubles if the renting wasn't legal. I will definitely move out but now is really not the best time and I'm in complete panic as how I'll be able to find a solution...

It is quite common for Swedes to make money out of their apartment and collect housing allowance at the same time. If you register there, it changes the amount of money they receive from the state.

The whole thing is completely illegal, but really common and tolerated. He will get away with no problems, and you will suffer all the troubles.

Welcome to Sweden, where victims are punished and perpetrators are glorified.

Posted by: vosovicd 10.Jun.2018, 01:28 PM

QUOTE (Aleen @ 10.Jun.2018, 02:05 PM) *
Nothing was specified in the contract or when we talked about the rules and for me the change of address is something you are obliged to do in a legal way. I'm really worried that he wasn't actually allowed to rent the room and that I'm implied in some black market thing.
The fact that he wants to break the contract and want me to move out as soon as possible is even more suspicious. He doesn't want to talk about it and said that I'm the one who did something wrong.


Based on your description of your circumstances, you have done nothing wrong. It sounds as if your landlord might be in a pickle and is trying to wriggle out.

What does your contract say about prematurely ending the rental period?

Posted by: Aleen 10.Jun.2018, 01:52 PM

QUOTE (vosovicd @ 10.Jun.2018, 02:28 PM) *
Based on your description of your circumstances, you have done nothing wrong. It sounds as if your landlord might be in a pickle and is trying to wriggle out.

What does your contract say about prematurely ending the rental period?


That's what I'm thinking because he really doesn't want to talk about it and it in a hurry to kick me out.

It say "Termination of the contract must be made in writing. The contract may be terminated by the tenant at the end of the month which occurs no earlier than 1 month from the termination. The landlord may, if the tenancy is not forfeited, terminate the contract at the monthly change which occurs not earlier than 3 months from the termination. The contract will end at the end of the rental period as the tenant will not move. The contract can also be terminated before this date. Termination of the contract must be made in writing. If no other agreement has been agreed between the tenant and the landlord, the tenant is not entitled to renewal of the contract n 2017 Art n 92210013-BudeFg AB 7 392620210031"

We haven't written anything for the termination of the contract tho, it was only said out loud, can I play on that to win some time ?

Posted by: Aleen 10.Jun.2018, 01:55 PM

QUOTE (wallace1837 @ 10.Jun.2018, 02:16 PM) *
It is quite common for Swedes to make money out of their apartment and collect housing allowance at the same time. If you register there, it changes the amount of money they receive from the state.

The whole thing is completely illegal, but really common and tolerated. He will get away with no problems, and you will suffer all the troubles.

Welcome to Sweden, where victims are punished and perpetrators are glorified.


Really ? So even if I contact the building association or the rental tribunal, nothing will be done ?

Posted by: Cheeseroller 10.Jun.2018, 02:00 PM

^^The contract is important. You/they should be able to give notice. We allowed three months when we rented our apartment.

You could also possibly threaten to report them to Skatteverket - they are obviously nervous.

An alternative is to rent a post box in the post office.

Posted by: vosovicd 10.Jun.2018, 02:01 PM

I'm not sure I fully understand the wording of your contract but it sounds like your landlord has to give you three months notice prior to termination?? I may be wrong...

Also, PLEASE contact the building association or the rental tribunal AFTER you move out! It is important that this d*ckhead-of-a-landlord does not try and do this with another foreigner. Save all written correspondence between the two of you as well (e.g. the advertisement, the emails, the contract etc.)

Posted by: Cheeseroller 10.Jun.2018, 02:03 PM

It may also be worth considering to give the contract to a friend for safe keeping, if there is any risk the landlord could access it when you are away and destroy it (or put in a rented post box).

Posted by: Aleen 10.Jun.2018, 02:10 PM

QUOTE (vosovicd @ 10.Jun.2018, 03:01 PM) *
I'm not sure I fully understand the wording of your contract but it sounds like your landlord has to give you three months notice prior to termination?? I may be wrong...

Also, PLEASE contact the building association or the rental tribunal AFTER you move out! It is important that this d*ckhead-of-a-landlord does not try and do this with another foreigner. Save all written correspondence between the two of you as well (e.g. the advertisement, the emails, the contract etc.)


Ah it's actually a translated version we made but the original one in swedish say this if it more clear "Uppsägning av kontraktet ska ske skriftligen. Kontraktet kan av hyresgästen sägas upp att upphöra vid det månadsskifte som inträffar tidigast efter 1 månad från uppsägningen. Hyresvärden kan, om hyresrätten inte är förverkad, säga upp kontraktet att upphöra vid det månadsskifte som inträffar tidigast 3 månader från uppsägningen. Kontraktet upphör vid hyrestidens slut da hyresgästen utan páminnelse ska flytta. Kontraktet kan också sägas upp att upphöra före denna tidpunkt. Uppsägning av kontraktet ska ske skriftligen. Har inte annat överenskommits mellan hyresgästen och hyresvärden har hyresgästen inte rätt till förlängning av kontraktet n 2017 Art n 92210013-BudeFg AB 7 392620210031"

I think it also say 3 months plus the termination must be made in writing which he hasn't done yet...

I will definitely file a complain and make sure it doesn't happen again to someone else!

Posted by: Aleen 10.Jun.2018, 02:12 PM

QUOTE (Cheeseroller @ 10.Jun.2018, 03:03 PM) *
It may also be worth considering to give the contract to a friend for safe keeping, if there is any risk the landlord could access it when you are away and destroy it (or put in a rented post box).


I proposed him some solutions like the post-box but he really doesn't want to hear anything and just want me to move.

I will keep the contract with me but I'm also worried about all my belongings that might stay there if I haven't found a new place while I'm traveling... Will have to ask friends to store everything to be sure, that is such an annoying situation!

Posted by: Aleen 10.Jun.2018, 02:20 PM

It has been pointed out that the reason he doesn't want me to register at the address might be because he is receiving some financial help of some sort.
Which made me realise that he is a student. Me using the address oblige him the declare the money he is getting while renting and could make him loose the help he receive with his studies ?

Posted by: wallace1837 10.Jun.2018, 02:23 PM

QUOTE (wallace1837 @ 10.Jun.2018, 02:16 PM) *
It is quite common for Swedes to make money out of their apartment and collect housing allowance at the same time. If you register there, it changes the amount of money they receive from the state.

The whole thing is completely illegal, but really common and tolerated. He will get away with no problems, and you will suffer all the troubles.

Welcome to Sweden, where victims are punished and perpetrators are glorified.



QUOTE (Aleen @ 10.Jun.2018, 03:20 PM) *
It has been pointed out that the reason he doesn't want me to register at the address might be because he is receiving some financial help of some sort.
Which made me realise that he is a student. Me using the address oblige him the declare the money he is getting while renting and could make him loose the help he receive with his studies ?

Exactly!

Posted by: ChocOwl 10.Jun.2018, 03:35 PM

QUOTE (Aleen @ 10.Jun.2018, 03:12 PM) *
I proposed him some solutions like the post-box but he really doesn't want to hear anything and just want me to move.

Just in case this is not clear, you cannot register a PO Box as your residential address. You must register your residential adress as the actual place you live. You can of course get your mail sent to a PO Box.

Posted by: Aleen 11.Jun.2018, 09:48 AM

I have a question regarding the notice to leave, does it start the moment you receive the termination or is it a calendar month ? (For my case starting the 1st of July?)
In my contract it's stated "Hyresvärden kan, om hyresrätten inte är förverkad, säga upp kontraktet att upphöra vid det månadsskifte som inträffar tidigast 3 månader från uppsägningen. [...] Kontraktet kan också sägas upp att upphöra före denna tidpunkt. Uppsägning av kontraktet ska ske skriftligen." ("The landlord may, if the tenancy is not forfeited, terminate the contract at the month change which occurs not earlier than 3 months from the termination. [...] The contract can also be terminated before this date. Termination of the contract must be made in writing.")

Can I use this and say that my month notice will start on the 1st of July and not half June ?

(And stupid question but do I have to pay the rent of July if I do not stay the whole month ?)

Posted by: ChocOwl 11.Jun.2018, 10:28 AM

QUOTE (Aleen @ 11.Jun.2018, 10:48 AM) *
I have a question regarding the notice to leave, does it start the moment you receive the termination or is it a calendar month ? (For my case starting the 1st of July?)
In my contract it's stated "Hyresvärden kan, om hyresrätten inte är förverkad, säga upp kontraktet att upphöra vid det månadsskifte som inträffar tidigast 3 månader från uppsägningen. [...] Kontraktet kan också sägas upp att upphöra före denna tidpunkt. Uppsägning av kontraktet ska ske skriftligen." ("The landlord may, if the tenancy is not forfeited, terminate the contract at the month change which occurs not earlier than 3 months from the termination. [...] The contract can also be terminated before this date. Termination of the contract must be made in writing.")

Can I use this and say that my month notice will start on the 1st of July and not half June ?

(And stupid question but do I have to pay the rent of July if I do not stay the whole month ?)

I don't know the answer but there is lots of info on tenant rights here: https://www.hyresgastforeningen.se/

Posted by: Aleen 13.Jun.2018, 11:56 AM

Here's some updates and kind of solutions:

I contacted the Hyresgästföreningen and they also say that I did nothing wrong when registering to the address as it is required by the Skatteverket. Kicking me out for this isn't a legit reason.
The landlord is obligated to follow the contract which state that he has to give me a written form of the termination, give me 3 month notice and that the notice start by the end of the month I receive the termination. (The termination must be dated, signed and with the reason as to why the landlord is ending the contract).

I have visited new places and am waiting for their answers. I will write a letter to my current landlord, since he doesn't want to talk about it, asking him to give me the written form of the Termination since it's the legal procedure and because without it I have no obligation to move. From there I will have the proof that he is not respecting the contract and will be able to file a complaint with Hyresnämnden.

I hope he will write and give me the termination quickly so I can finish with this mess soon.

Thank you for everyone who answered and helped me! smile.gif

Posted by: Fernandis 13.Jun.2018, 03:00 PM

QUOTE (Aleen @ 11.Jun.2018, 09:48 AM) *
I have a question regarding the notice to leave, does it start the moment you receive the

Thank you for everyone who answered and helped me! smile.gif


simply just cancel your address if you can live with it, why you waste energy as you don't intend to live there on longterm basis. just tell him that you cancel the registered address, but it is also possible that you can register as C/O on same address, if he agrees.

Don't waste your energies in unnecessery fights smile.gif my sincere suuggestion

Posted by: intrepidfox 13.Jun.2018, 05:13 PM

QUOTE (Fernandis @ 13.Jun.2018, 03:00 PM) *
simply just cancel your address if you can live with it, why you waste energy as you don't intend to live there on longterm basis. just tell him that you cancel the registered address, but it is also possible that you can register as C/O on same address, if he agrees.

Don't waste your energies in unnecessery fights smile.gif my sincere suuggestion


In Sweden you have to be registered at an address. If you don´t have a 1st hand contract, then it is c/o

Posted by: vosovicd 14.Jun.2018, 08:16 PM

QUOTE (Fernandis @ 13.Jun.2018, 04:00 PM) *
simply just cancel your address if you can live with it, why you waste energy as you don't intend to live there on longterm basis. just tell him that you cancel the registered address, but it is also possible that you can register as C/O on same address, if he agrees.

Don't waste your energies in unnecessery fights smile.gif my sincere suuggestion


Respectfully disagree. She signed the contract in good faith and followed all the rules. The landlord didn't and as a consequence she has to move out or be an illegal tenant. That seems awfully unfair especially in a tough housing market. We are not living in a third-world country where this shit is acceptable wink.gif

Posted by: Fernandis 15.Jun.2018, 11:54 AM

QUOTE (vosovicd @ 14.Jun.2018, 09:16 PM) *
Respectfully disagree. She signed the contract in good faith and followed all the rules. The landlord didn't and as a consequence she has to move out or be an illegal tenant. That seems awfully unfair especially in a tough housing market. We are not living in a third-world country where this shit is acceptable wink.gif


It is good idea to ask key questions (moving in, moving out, deposits, utility issues, registration) before moving into any accomodation, otherwise you create problems for yourself. i agree with you that she has the right to register there but if she doesn't need to register there and intends to stay for 1-2 months (except she also wants to apply for social benefits), no point to waste energies on something which has no meaning.

I lived in toronto for 3 months at someone house but they told me that i can't officially register on their house but only as "C/O" was fine., my rent was lower than market, nice area, registering with only "C/O" also worked great

AND by the way in 3rd world countries there are no fights on "Social benefits/housing allowances" , because their govts don't pay smile.gif

Posted by: Aleen 19.Jun.2018, 11:19 AM

QUOTE (Fernandis @ 15.Jun.2018, 12:54 PM) *
It is good idea to ask key questions (moving in, moving out, deposits, utility issues, registration) before moving into any accomodation, otherwise you create problems for yourself. i agree with you that she has the right to register there but if she doesn't need to register there and intends to stay for 1-2 months (except she also wants to apply for social benefits), no point to waste energies on something which has no meaning.

I lived in toronto for 3 months at someone house but they told me that i can't officially register on their house but only as "C/O" was fine., my rent was lower than market, nice area, registering with only "C/O" also worked great

AND by the way in 3rd world countries there are no fights on "Social benefits/housing allowances" , because their govts don't pay smile.gif



We signed a long term contract so that's why I registered to the address and want to move out now. I am registered as c/o but it's apparently not ok for the landlord...

Posted by: Aleen 19.Jun.2018, 11:25 AM

So today the landlord finally decided on doing my termination of tenancy, asked to see my contract to write on it the termination except that this a*hole changed the dates and nature of the contract.
When we first signed the contract it was a "from 04/05/2018 och tills vidare" and he scribbled it to then cross "04/05/2018 to 07/07/2018" to avoid the problem of not giving me 3 months notice and didn't have to write the reason.

I did a copy of the contract before he changed it tho, can I use it ?

Posted by: SmokerT69 19.Jun.2018, 11:29 AM

QUOTE (Aleen @ 19.Jun.2018, 12:25 PM) *
So today the landlord finally decided on doing my termination of tenancy, asked to see my contract to write on it the termination except that this a*hole changed the dates and nature of the contract.
When we first signed the contract it was a "from 04/05/2018 och tills vidare" and he scribbled it to then cross "04/05/2018 to 07/07/2018" to avoid the problem of not giving me 3 months notice and didn't have to write the reason.

I did a copy of the contract before he changed it tho, can I use it ?


Normally if you change anything on a contract, you need a witness there to say he/she observed the changes and the witness signs their name next to the changes. At least that was my experience with rental contracts in Bermuda. Not sure if they do thing differently here in Sweden.

Otherwise, either party could just scribble things in or out...

Edit: also in my experience, the witness was always an upstanding person in the community. A lawyer, doctor, police officer etc

Posted by: Aleen 19.Jun.2018, 12:16 PM

QUOTE (SmokerT69 @ 19.Jun.2018, 12:29 PM) *
Normally if you change anything on a contract, you need a witness there to say he/she observed the changes and the witness signs their name next to the changes. At least that was my experience with rental contracts in Bermuda. Not sure if they do thing differently here in Sweden.

Otherwise, either party could just scribble things in or out...

Edit: also in my experience, the witness was always an upstanding person in the community. A lawyer, doctor, police officer etc


There was no witness and he did it without my consent and no signatures to confirm the changes made. I will keep the copy that was made before the changes then and try to find where I should report it.

Thanks!

Posted by: intrepidfox 19.Jun.2018, 02:23 PM

QUOTE (Aleen @ 19.Jun.2018, 12:16 PM) *
There was no witness and he did it without my consent and no signatures to confirm the changes made. I will keep the copy that was made before the changes then and try to find where I should report it.

Thanks!



You are being conned. Go to hyresgästföreningen and then do a polisanmälan. Your landlord is not honest and is cheating you

Posted by: Aleen 19.Jun.2018, 05:17 PM

QUOTE (intrepidfox @ 19.Jun.2018, 03:23 PM) *
You are being conned. Go to hyresgästföreningen and then do a polisanmälan. Your landlord is not honest and is cheating you


Thanks for the help, I was planning on going Thursday morning and ask them what to do!

Posted by: todorin62 20.Jul.2018, 10:37 AM

Your landlord is wrong. In fact you are by law required to register yourself where you live or in legal terms at the locations where you have your "daily res" ie where you sleep. This has nothing to do with the contractual status between you and the landlord, it is between you and a third party (the government) and the landlord has no business getting involved with it.

Posted by: Svedallas 3.Nov.2018, 11:37 AM

QUOTE (todorin62 @ 20.Jul.2018, 10:37 AM) *
Your landlord is wrong. In fact you are by law required to register yourself where you live or in legal terms at the locations where you have your "daily res" ie where you sleep. This has nothing to do with the contractual status between you and the landlord, it is between you and a third party (the government) and the landlord has no business getting involved with it.


That is wrong. Which law? Find it please and share.

The landlord is under no obligation to allow a tenant to use the address they reside it.
They can of course allow it, but there is no law that states they must.

Posted by: Cedar2 3.Nov.2018, 03:12 PM

QUOTE (Svedallas @ 3.Nov.2018, 12:37 PM) *
That is wrong. Which law? Find it please and share.

The landlord is under no obligation to allow a tenant to use the address they reside it.
They can of course allow it, but there is no law that states they must.

All citizens are obliged to register their actual address with skattvarket, because we pay taxes to the communes where we live.
You can't live legally in Sweden unregistered.

Posted by: ChocOwl 3.Nov.2018, 06:52 PM

QUOTE (Svedallas @ 3.Nov.2018, 11:37 AM) *
That is wrong. Which law? Find it please and share.

Folkbokföringslagen
https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/folkbokforingslag-1991481_sfs-1991-481

Posted by: Svedallas 3.Nov.2018, 08:16 PM

QUOTE (ChocOwl @ 3.Nov.2018, 06:52 PM) *
Folkbokföringslagen
https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/folkbokforingslag-1991481_sfs-1991-481


No. This says they are supposed to be registered.
But where does it say LANDLORD MUST permit resident to register them under the address?

Nothing in the law has ever stated that.
This is why there is a loophole there is zero obligation.

Posted by: Cedar2 3.Nov.2018, 10:13 PM

QUOTE (Svedallas @ 3.Nov.2018, 09:16 PM) *
No. This says they are supposed to be registered.
But where does it say LANDLORD MUST permit resident to register them under the address?

Nothing in the law has ever stated that.
This is why there is a loophole there is zero obligation.

The good thing is that Swedish Law is mostly administrative and gives no much room for advocating.
The fact that all residents are required to register the address of where they reside automatically means that once you agree to rent me a room, it means that you have allowed me to stay and use your address.

Powered by Invision Power Board (http://www.invisionboard.com)
© Invision Power Services (http://www.invisionpower.com)