# Rental Contract Without Right of Possession: What Applies to You as a Tenant? *20 juli 2026* > Signing a rental contract without the right of possession can feel insecure. Understand what this means for you as a tenant and what your rights are. Signing a rental contract is a significant step, and understanding all its terms is crucial. One of the most fundamental protections for a tenant is the right of possession (besittningsskydd), which allows you to remain in the apartment even after the lease term has expired, under certain conditions. But what happens if you sign a rental contract without this right of possession? This article aims to clarify what applies to you as a tenant in such a situation and its potential consequences. ## What is the Right of Possession? The right of possession is a statutory right that protects tenants from arbitrary eviction from their homes. It means the landlord cannot terminate the lease agreement arbitrarily. For a landlord to terminate a lease with a tenant who has the right of possession, they must have a valid reason, known as a "beaktansvärd anledning" (considerable reason). Examples of such reasons can include the tenant mismanaging the apartment, failing to pay rent, or the landlord needing the apartment for their own use (under strict conditions). If the tenant does not agree to the termination, they have the right to dispute it with the Rent Tribunal (Hyresnämnden). The Rent Tribunal then assesses whether the landlord's reason is strong enough to justify termination. If not, the tenant gets to stay. ## Rental Agreements Without Right of Possession: When is it Allowed? In most cases, tenants have an automatic right of possession according to the Swedish Land Code (Jordabalken). However, there are exceptions where a rental agreement may lack this right. The most common scenario is when the tenant has explicitly "waived the right of possession" (avstått från besittningsskydd) in a written agreement. This can occur in connection with: * **Temporary Leases:** If the lease agreement is for a limited period, for example, if you are renting a furnished apartment for a short duration while your primary residence is being renovated. * **Renting Part of a Permanent Residence:** If you are renting out a part of your own permanent home, such as a room in your house or condominium. * **Special Agreements:** In some cases, parties can agree to waive the right of possession, but this often requires approval from the Rent Tribunal to be valid, especially for residential apartments. It is important to understand that a waiver of the right of possession must be clearly stated in the rental contract. An oral waiver is not legally binding. ## Consequences of Waiving the Right of Possession When you, as a tenant, sign a rental contract where you have waived your right of possession, it means you are not entitled to stay in the apartment after the lease term expires. The landlord can then request that you move out without needing to provide a specific reason, as long as the lease term has ended and notice has been given according to the agreement. This can lead to significant uncertainty for you as a tenant. You may need to find a new place to live on short notice, which can be stressful and costly, especially in a competitive housing market. Therefore, it is of utmost importance to carefully consider the consequences before signing a rental contract without the right of possession. ### What Does the Law Say About Rental Agreements Without Right of Possession? The law, primarily the Land Code, governs rental relationships in Sweden. The main rule is that the right of possession applies. For a waiver of the right of possession to be valid in a residential apartment, the agreement generally requires approval from the Rent Tribunal. This approval is only granted if there are grounds for it, such as a short-term rental or other special circumstances. If the agreement is not approved by the Rent Tribunal, the right of possession applies despite the wording in the contract. It is also important to distinguish between rental agreements for residential units and commercial premises. For commercial premises, it is more common and easier to waive the right of possession. ## Tenant's Rights When Waiving Possession Even if you have chosen to waive your right of possession, you still have certain basic tenant rights. You are entitled to an apartment that is in good condition and meets applicable safety and health standards. The landlord still has responsibility for maintenance and repairs. You also have the right not to be subjected to disturbances or harassment. If the landlord violates other parts of the rental agreement or applicable legislation, you may still have the right to take action, even if you have waived your right of possession. However, it is important to distinguish between the right to remain in the property and other rights as a tenant. ### Can You Retract a Waiver of the Right of Possession? Generally, a legally binding agreement is difficult to undo. If you have signed a valid rental contract where you have explicitly waived the right of possession, and this agreement has been approved by the Rent Tribunal (where required), it is very difficult to retract the waiver. However, exceptions may exist if the contract does not meet the legal formal requirements or if there are other compelling reasons. ### What Happens if the Landlord Sells? If you have a rental contract without the right of possession and the landlord decides to sell the property, the new owner can request that you move out when the lease term expires. The new owner essentially steps into the shoes of the old landlord, but if the agreement lacks the right of possession, the new owner can demand that you vacate the property without offering alternative housing. ### Important Considerations Before Signing Before signing any rental contract, especially one that lacks the right of possession, it is crucial that you: 1. **Read the entire contract carefully:** Understand every clause, especially those concerning the waiver of the right of possession. 2. **Seek legal advice:** If you are unsure about what the contract entails, consult a lawyer specializing in rental law. 3. **Verify Rent Tribunal approval:** If the waiver requires approval from the Rent Tribunal, ensure this exists and is valid. 4. **Consider your housing situation:** Are you prepared to move on short notice? Do you have an alternative residence in mind? Understanding the implications of a rental contract without the right of possession is vital to avoid unpleasant surprises and to make an informed decision about your housing situation.