As a tenant in a rental flat, you have the right to furnish the flat as you wish. The landlord cannot decide which furniture you put in, as long as you do not damage the flat or change it permanently. The limit is set by the duty of care in Chapter 12, Section 24 of the Jordabalken (Swedish Land Code). Similarly, you have a legal right to take in a lodger – the landlord cannot refuse you this without further ado. The right to have a lodger follows from Chapter 12, Section 33 of the Jordabalken, which gives you the right to let part of the flat to someone else for personal use, as long as it does not cause damage or inconvenience to the landlord.
Can the landlord refuse a lodger? – The main rule
The main rule is clear: the landlord may not refuse you having a lodger. You do not even need to ask for permission. It is enough that you inform the landlord that you are taking in a lodger. The right is statutory and applies to all rental flats, regardless of whether you live in a flat with or without a lift, in a newly built property or in an older one.
The exception is if the lodger causes disturbances – for example noise, smell or other inconvenience – that affect the landlord or other tenants. Then the landlord can intervene, but it is not a question of a prior ban but a reaction to actual problems.
What does the law say about lodgers?
The right to have a lodger is regulated in Chapter 12, Section 33 of the Jordabalken. It states that as a tenant you may let part of the flat to someone else for personal use, if it does not cause damage or inconvenience to the landlord. This means you can rent out a room or let a relative or friend stay with you without the landlord being able to stop it.
The law distinguishes between a lodger and a subtenant. A lodger lives together with you and does not have their own key to the flat – they are not an independent tenant. A subtenant, on the other hand, rents the whole flat from you and has their own security of tenure. For subletting, the landlord's permission is required, but for a lodger, no permission is needed.
Can the landlord refuse a lodger in practice?
Even though the law is clear, landlords sometimes try to prevent lodgers by writing bans into the tenancy agreement. Such clauses are without effect – they conflict with mandatory legislation and cannot be upheld. If your landlord says no, you have the right to refer to the law and even turn to the Rent Tribunal (Hyresnämnden) if necessary.
However, there are situations where the landlord may have grounds to object. If the lodger, for example, has a violent past or if there is a risk that they will damage the flat, the landlord can claim that there is an inconvenience. But it is a high threshold – the landlord must be able to show concrete circumstances, not just assume that something might happen.
Lodgers and the tenancy agreement – what applies?
When you take in a lodger, your tenancy agreement does not change. You remain the sole tenant and are responsible for the rent and for the flat being maintained. The lodger has no independent right to stay if you move – they must move when you do, unless you agree otherwise.
It is important to distinguish between a lodger and subletting, because the rules differ. A lodger is not protected by the Tenancy Act in the same way as a subtenant. If you want a clearer picture of the differences, you can read our guide on lodger vs. tenant.
The landlord's right to refuse – when can it be acceptable?
There are a few situations where the landlord can actually refuse you having a lodger. These are cases where the lodger would cause significant inconvenience – for example if they are convicted of drug or violent crimes and there is a risk that they will disturb the neighbours. However, the landlord must be able to prove this, not just suspect it.
Another situation is if the flat is too small to accommodate an extra person. But even then, it is difficult for the landlord to refuse, because the law does not require a certain living area for a lodger. As long as you yourself remain living there and the lodger does not take over the flat, you have the right to have them there.
What to do if the landlord says no
If your landlord refuses to accept a lodger, start by informing in writing about your intention. Tell them who the lodger is and when they are moving in. If the landlord still says no, refer to Chapter 12, Section 33 of the Jordabalken and explain that clauses prohibiting lodgers are invalid.
If the landlord continues to obstruct you, you can turn to the Rent Tribunal (Hyresnämnden) to get a decision. The Rent Tribunal can establish that you have the right to have a lodger and prohibit the landlord from interfering. It is a process that can take time, but it is worth doing if you really want a lodger.
Lodgers and subletting – important differences
It is easy to confuse the terms, but the difference is crucial for your rights. A lodger lives together with you and does not have their own key. A subtenant rents the whole flat from you and has their own security of tenure. For subletting, the landlord's permission is required, but for a lodger, no permission is needed.
If you are considering renting out a room in sublet, for example because you are moving temporarily, different rules apply. Then you must have the landlord's approval, and the landlord can refuse if there are valid reasons. Read more about subletting contracts and the landlord's right to terminate them early.
Frequently asked questions about lodgers
Do I have to tell the landlord that I have a lodger? Yes, you should inform the landlord in writing. It is not permission, but it gives the landlord the opportunity to object if there are special reasons. Not informing can create unnecessary conflicts.
Can the landlord demand higher rent because I have a lodger? No, the landlord cannot increase the rent solely because you have a lodger. The rent is regulated by the tenancy agreement and can only be changed through negotiation or a decision by the Rent Tribunal.
What happens if the lodger disturbs the neighbours? If the lodger causes disturbances, the landlord can intervene against you as the tenant. You are responsible for the lodger following the rules of conduct. In cases of serious or repeated disturbances, the landlord can terminate your tenancy.
Does the lodger have the right to stay if I move? No, the lodger has no independent right to stay. If you move, the lodger's right to be in the flat ceases, unless you have a separate agreement with the landlord.
Summary
The right to have a lodger is strong in Swedish tenancy law. The landlord cannot refuse you without concrete reasons, and bans in tenancy agreements are invalid. By informing the landlord and referring to the law, you can safely take in a lodger. If you encounter resistance, do not hesitate to contact the Rent Tribunal for guidance.
This is general information and not legal advice. For specific questions, contact the Rent Tribunal or a legal expert.
