---
title: "Must a rent-to-own (hyrköp) agreement be in writing under Act (2026:843)?"
author: "William Wiklund"
authorUrl: "https://bofrid.se/en/articles/authors/william-wiklund"
datePublished: "2026-08-07T07:16:56.269Z"
dateModified: "2026-08-11T09:09:13.665Z"
description: "Does a rent-to-own (hyrköp) home purchase have to be in writing? We explain what Lag (2026:843) requires, so you stay protected when buying and renting a home."
keywords: ["must a rent-to-own home agreement be in writing", "rent-to-own housing law Sweden 2026", "Lag 2026:843", "written tenancy agreement Sweden", "hyrköp agreement requirements"]
categories: ["Allmänt", "Guider"]
canonical: "https://bofrid.se/en/articles/must-a-rent-to-own-hyrkop-agreement-be-in-writing-under-act-2026-843"
language: "en"
image: "https://bofrid.media/cms/3f2b737eb1bfefe3248bd560aadf8d1926fed611.webp"
---

# Must a rent-to-own (hyrköp) agreement be in writing under Act (2026:843)?

Yes. Under Section 5 of Lag (2026:843) om hyrköp av bostad (the Rent-to-Own Housing Act), a hyrköp (rent-to-own) agreement must be drawn up in writing and signed by both the hyrsäljare (the rent-to-own seller) and the hyrköpare (the rent-to-own buyer). This is an absolute requirement for the agreement to be legally binding and valid under the new legislation, which came into force on 2 July 2026.

## Why must a rent-to-own (hyrköp) home purchase be in writing?

The written-form requirement exists to protect both parties, but primarily to ensure that the hyrköpare (rent-to-own buyer) gains a clear understanding of their future obligations. Because a hyrköp involves both a tenancy arrangement and an option to purchase at a later date, the contractual structure is complex. Requiring the document to be in writing removes uncertainty about the terms.

### What the law requires the written document to contain

Under Section 5 of the Act, the agreement must contain detailed information about the property covered by the rent-to-own arrangement and about the option that gives the hyrköpare the right to acquire the home later on. If these particulars are not written down and signed, the agreement risks lacking the legal effect needed to create security in the market. It is also worth noting that the hyrsäljare has an extensive duty to provide information under Section 3, whereby terms relating to pricing and savings plans must be set out clearly and comprehensibly.

## Documentation requirements for rent-to-own arrangements

It is not only the main agreement that should be handled in writing. To create transparency in the transaction, supplementary documents and annexes should also be available to both parties. Clear documentation reduces the risk of future disputes.

| Type of document | Purpose | Formal requirement |
| :--- | :--- | :--- |
| Rent-to-own agreement | Establishes the purchase option and the rent | In writing and signed |
| Information sheet | Sets out risks and fees | In writing |
| Savings plan | Governs the build-up of capital | In writing |

For more on how to ensure security when letting a home, do read our [guide to essential documents for moving in and moving out](UGC7).

## Consequences of inadequate written documentation

Ignoring the requirement for a written agreement under Lag (2026:843) carries considerable legal and financial risks. Without a signed document, there is no legal basis for enforcing the terms relating to the purchase option. According to the preparatory works to the Act, the formal requirement is mandatory, which means that a court or the Rent Tribunal (Hyresnämnden) cannot accept oral promises of future ownership as grounds for a transfer of property. This leaves the hyrköpare in a precarious position, in which the capital set aside for the future purchase – the so-called hyrköpsavgift (rent-to-own fee) – risks being lost or becoming the subject of drawn-out disputes. Should the hyrsäljare become insolvent, the difficulty of proving the existence of the purchase option without written evidence can be fatal for the individual. Without a signed agreement, the arrangement is regarded merely as an ordinary tenancy, meaning the hyrköpare loses any right to the credit balance accumulated. To counter these risks, the legislator stresses the importance of recording every element, from the initial option fee to the final purchase price, in the official agreement. Documenting each step is therefore not merely a formality but a necessary insurance policy for the capital the hyrköpare has invested.

## Evidence and validity in a dispute

When a dispute arises between the hyrsäljare and the hyrköpare, the written agreement serves as the primary evidence in legal proceedings. Under general principles of contract law, which supplement the 2026 legislation, the burden of proof rests heavily on the party claiming that an agreement exists. If the rent-to-own agreement has not been drawn up in accordance with Section 5, the hyrköpare loses the ability to rely on the Act's protective rules to enforce their right to the home. This becomes particularly relevant if the hyrsäljare dies or if the company selling the home is restructured. By law, the documentation must include the parties' personal details, the exact dates for exercising the purchase option and the calculated purchase price. In proceedings before the Rent Tribunal (Hyresnämnden), the first thing examined is whether the contractual document meets the formal requirements as to writing and signatures. If that document is missing, it becomes practically impossible to successfully assert your position as a hyrköpare rather than an ordinary hyresgäst (tenant). It is therefore vital that the parties not only sign a main agreement but also keep copies of all revised annexes, as these form an integral part of the overall contractual picture in any legal proceedings or mediation.

## Frequently asked questions

**Must a rent-to-own (hyrköp) home purchase be in writing to be valid?**
Yes. Lag (2026:843) requires the agreement to be drawn up in writing and signed by both parties.

**What happens if the agreement was only made orally?**
An oral rent-to-own agreement does not meet the Act's formal requirements and therefore has no support in the new rent-to-own legislation.

**What information must the written agreement contain as a minimum?**
The agreement must state details of the property itself, the terms of the option, the price, the hyrköpsavgift (rent-to-own fee) and the rights and obligations of the hyrköpare.

**Can a written rent-to-own agreement be amended afterwards?**
Amendments should be made through written supplementary agreements signed by both parties, to ensure that both are agreed on the changes to the terms.

### Protection under the 2026 legislation

It is worth emphasising that, under Section 2 of Lag (2026:843), contractual terms that are to the detriment of the hyrköpare are without effect, unless the Act provides otherwise. This means that even where a written agreement exists, the hyrsäljare cannot insert terms that conflict with the Act's fundamental protective rules. If you want to understand how the rental market as a whole is affected by the new rules, you can read on about [the new rental rules and subletting](https://bofrid.se/en/articles/sweden-s-rental-market-2026-new-subletting-rules-you-should-know-a-bofrid-guide-for-expats). 

Familiarising yourself with [the terminology used in the rental market](https://bofrid.se/en/articles/swedish-rental-market-glossary-sweden) is also a recommended starting point for anyone considering a rent-to-own model. Since hyrköp is a specific form of housing that differs from an ordinary hyresrätt (rental flat) or the purchase of a bostadsrätt (tenant-owned flat), it is crucial that you read through every clause of the agreement presented to you before you put your signature on the document.

*This text is general information and should not be regarded as legal advice.*