| Scenario | Risk | What you can do |
|---|---|---|
| Landlord raises rent | No documentation of original rent | Request written contract immediately |
| Landlord gives notice | Unclear notice period | Document the notice in writing |
| Damage to flat | Landlord can claim compensation without limit | Photograph the flat's condition on move-in |
| Deposit | No agreement on amount or repayment | Request receipt for the deposit |
| Furnishings and changes | Unclear what is permitted | Get written confirmation of what is allowed |
A tenant can stay without a written contract, but rights are limited
A tenant living in a flat without a written rental contract has limited rights and can stay as long as both parties accept it — but without an agreement, both tenant and landlord lack protection. According to the privatuthyrningslagen (private rental housing act, 2026:772), a rental contract must be drawn up in writing if the landlord or tenant requests it, but without such a request, the parties may rely on verbal agreements. In practice, this means the tenant can stay indefinitely, but without documentation of the terms.
What does the law say about written rental contracts?
The privatuthyrningslagen (2026:772) regulates rental agreements between private individuals. According to section 5, a rental agreement must be drawn up in writing, but only if the landlord or tenant requests it. This means a verbal agreement is legally binding — but proving it becomes difficult if disagreement arises.
If the agreement is not in writing, neither party can prove what was actually agreed regarding rent, notice period, furnishings or other terms. This creates uncertainty for both parties.
Written rental contract requirement — what applies to private rentals?
For private rentals, a written contract is mandatory only if one of the parties demands it. Without such a request, the tenant and landlord may rely on verbal agreement. But in practice, this is very risky.
A tenant without a written contract cannot prove:
- The rent amount
- The rental period (fixed or indefinite)
- What is included in the rent
- The notice period
- Terms regarding furnishings or damage
If the landlord later claims different terms, or if the tenant wishes to give notice, it can be difficult to resolve the dispute without documentation.
How long can the tenant stay?
A tenant without a written contract can theoretically stay as long as the landlord accepts it. According to the privatuthyrningslagen, a rental agreement runs "until further notice" if no fixed rental period is agreed (section 5, second paragraph). This means the tenant can stay indefinitely — but both parties may terminate the agreement.
If the landlord wants the tenant to move out without a written contract, the landlord may terminate the agreement verbally. Without documentation of the notice period, this can lead to disputes.
Risks for the tenant without a written contract
Risks for the landlord without a written contract
The landlord also faces significant risks without a written contract:
- Proof of rent: If the tenant claims the rent is lower than the landlord states, there is no documentation.
- Damage: The landlord cannot prove what the tenant agreed to pay for damage.
- Notice period: If the landlord wants the tenant to move out, disputes can arise over the notice period.
- Eviction: If the tenant does not pay rent, it becomes harder to evict without documentation.
Checklist: How to get a written contract
- Request a written contract immediately — You have the right to demand it under the privatuthyrningslagen.
- Document all agreements — Rent, rental period, deposit, furnishings, damage.
- Photograph the flat's condition — Before you move in, take pictures of all rooms and any existing damage.
- Get a receipt for the deposit — The landlord must confirm the amount in writing.
- Keep all communication — Email, SMS and letters between you and the landlord.
- Read the contract carefully — Before signing, check all terms.
- Keep a copy — You should have your own copy of the signed contract.
If the landlord refuses to write a contract, you can contact the Rent Tribunal (Hyresnämnden) for advice.
Frequently asked questions
Can I stay in the flat without a written contract? Yes, you can stay as long as the landlord accepts it. But without a written contract, you lack documentation of the terms and may find it difficult to prove what was agreed.
What happens if the landlord gives notice without providing a notice period? Without a written contract, there is no documentation of what notice period was agreed, which can lead to dispute over when the tenancy actually ends. You should immediately request a written contract or document the notice via email.
Can the landlord raise the rent without warning? Without a written contract, there is no proof of what rent was originally agreed, and the landlord can claim the rent was always higher. This is why a written contract is important to protect you.
What if the landlord does not repay the deposit? Without a written contract, it can be difficult to prove you paid a deposit or what the amount was. Immediately request a written contract that specifies the deposit.
What should you do now?
If you already live in a flat without a written contract, you should:
- Contact the landlord and request a written rental contract.
- Document all communication in writing (email or letter).
- Photograph the flat's condition and save the images.
- Read Rental contract before moving in: what should you check to know what the contract should contain.
- If the landlord refuses, contact the Rent Tribunal for advice.
If you are a landlord renting out without a written contract, you should:
- Draw up a written contract immediately.
- Read Is a digital rental contract legally valid? to know if you can use e-signing.
- Document the deposit in writing.
- Read Can a landlord charge a fee for writing a contract? to know what is permitted.
A tenant can stay indefinitely without a written contract, but both parties face significant risks. A written contract is the only way to protect yourself.
This text is general information and does not replace legal advice.
