Reply to this topic

Bostadsrättsförening is asking us to leave

are we protected by the law?

Raul59800
post 16.May.2018, 01:23 PM
Post #1
Joined: 16.May.2018

Currently, I'm in a very unfortunate situation with my rental apartment as a tenant and I have a few questions about my own rights, but I don't know even who to ask for assistance. Please, could you guide me to understand who should I contact?

I signed a contract for a rental apartment as the tenant for 1year, last November.
The owner of the apartment said that she had the agreement from the Bostadsrättsförening but it looks that now the owner had only a "verbal" agreement and they are asking that person to move into the apartment or sell it. And of course, that includes that we, as tenants, need to leave the apartment.

So my question is:
We have the contract signed by the owner but this one might be eventually void, are we protected by the law and can stay 3 months from the end of the month? or can we be asked to leave from one day to another?

The shitty situation is that after us the apartment will be empty as the owner won't move in nor won't sell it as she wants to keep it for his son. What a ridiculous situation...

Thanks for any help!
Go to the top of the page
+
Svedallas
post 16.May.2018, 01:29 PM
Post #2
Joined: 21.Apr.2016

QUOTE (Raul59800 @ 16.May.2018, 02:23 PM) *
Currently, I'm in a very unfortunate situation with my rental apartment as a tenant and I have a few questions about my own rights, but I don't know even who to ask fo ... (show full quote)


You have zero rights.
Welcome to Sweden
Go to the top of the page
+
Mib
post 16.May.2018, 02:22 PM
Post #3
Joined: 7.Jul.2006

The Bostadsrättförening determine the rules for the building. As an apartment owner, you don't actually own it technically. you own a share of the building.

Anyway, this is typical. The owner needs to ask the forening to rent out their apartment. They also must have a good reason, especially if they will be gone for a year ie. work reason etc. After a year, the forening can extend it, but they are within their rights to ask the owner to sell it if they're not going to live there and renting it out.

It works quite well in order to minimise disturbance to the other residents and indirectly, stops people buying purely to rent out and create a massive property bubble.

Your agreement is with the owner and I guess you have to get compensation from them, just leave or sue them. Check how much the legal rent levels are and if they have charged you more than that amount, you can complain (I can't remember to who) and they would have to pay back the difference.
Go to the top of the page
+
TLSucks
post 16.May.2018, 02:38 PM
Post #4
Joined: 12.Dec.2013

QUOTE (Mib @ 16.May.2018, 01:22 PM) *
The owner needs to ask the forening to rent out their apartment. They also must have a good reason, especially if they will be gone for a year ie. work reason etc.


The law was changed in 2014 so now you really only need "a reason": "Tillstånd ska lämnas, om bostadsrättshavaren har skäl för upplåtelsen och föreningen inte har någon befogad anledning att vägra samtycke."

For rentals, on the other hand, you still need "good reasons", e.g. work, moving in with partner, etc.

QUOTE (Mib @ 16.May.2018, 01:22 PM) *
Check how much the legal rent levels are and if they have charged you more than that amount, you can complain (I can't remember to who) and they would have to pay back the difference.


This was also changed in 2014. Now you can charge according to the maintenance and capital costs (based on current market value). Also, you cannot get back money retroactively anymore if the rent was too high.
Go to the top of the page
+
Svedallas
post 16.May.2018, 03:29 PM
Post #5
Joined: 21.Apr.2016

QUOTE (Mib @ 16.May.2018, 03:22 PM) *
The Bostadsrättförening determine the rules for the building. As an apartment owner, you don't actually own it technically. you own a share of the building.Anyway, this ... (show full quote)


The OP does not qualify. They are not renting legally if the contract was not submitted.
So as said, there will be no rights.
Go to the top of the page
+
Essingen55
post 16.May.2018, 03:38 PM
Post #6
Joined: 12.Dec.2013

The rules to which people refer can be found here...in Swedish...

http://www.hyresnamnden.se/Hyra-i-andra-hand/Bostadsratt/

You can also contact Hyresnämnden on their telephone opening hours to discuss your case. But basically, as has been explained, you will have to go.
Go to the top of the page
+
Mib
post 16.May.2018, 10:23 PM
Post #7
Joined: 7.Jul.2006

QUOTE (TLSucks @ 16.May.2018, 03:38 PM) *
The law was changed in 2014 so now you really only need "a reason": "Tillstånd ska lämnas, om bostadsrättshavaren har skäl för upplåtelsen och föreningen ... (show full quote)


Thanks for clarifying and updating my comments.
Go to the top of the page
+

Reply to this topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members: