| Scenarios | What applies | Legal reference/Source |
|---|---|---|
| The apartment is in a condition that is reasonable for an apartment of the same type | The tenant does not need to pay extra for wear and tear | 12 kap. 24 § jordabalken (duty of care) |
| The landlord demands compensation for normal wear and tear | The landlord must be able to prove that it is abnormal | The Rent Tribunal's practice |
| The landlord demands compensation for abnormal wear and tear | The landlord must be able to prove that it is damaged beyond what is reasonable | 12 kap. 24 § jordabalken (duty of care) |
| The landlord demands compensation for worn furniture that the tenant has bought | The tenant does not need to pay extra for worn furniture | The Rent Tribunal's practice |
As a tenant in a rental flat, you have the right to furnish the apartment as you wish. The landlord cannot dictate which furniture you place, as long as you do not damage the apartment or make permanent changes. The boundary is set by the duty of care in 12 kap. 24 § jordabalken (the Code of Judicial Procedure).
What is normal wear and tear when moving out? It is what is reasonable for an apartment to be used over a certain period. The landlord has a duty of care to keep the apartment in a condition that corresponds to the tenant's right to use it. The tenant has a corresponding obligation not to cause abnormal wear and tear. This is a balancing act that is decided in each individual case, not by a fixed limit.
How do you determine what is normal wear and tear?
What counts as normal wear and tear is not a statutory definition. It is an assessment made by the landlord and the tenant together, often with the help of the Rent Tribunal (Hyresnämnden) if a dispute arises. It involves comparing the condition of the apartment with what is reasonable for an apartment of the same type, age, and with the same type of tenant. If the landlord demands compensation for wear and tear that exceeds this, they must be able to prove that it is abnormal.
Normal wear and tear when moving out
When you move out, it is important to understand what is normal and what can be charged for. Normal wear and tear means that the apartment has been used in a way that is expected for a home. This can mean that walls are slightly darker, that doors have key scratches, or that the floor has small scuffs from furniture. This is what the landlord has the right to require you to return in a condition in line with the tenant's right to use it.
Abnormal wear and tear when moving out
Abnormal wear and tear is something that goes beyond what is reasonable for a home. This can mean that walls have scratches that cannot be expected from normal use, that doors are damaged by being dragged, or that there are stains that cannot be linked to normal use. The landlord can demand compensation for abnormal wear and tear, but they must be able to prove that it is damaged in a way that is not reasonable for a rental flat.
Table: What applies to wear and tear when moving out
Step by step: How to handle wear and tear when moving out
- Do a joint inventory when moving in. This is the most important step to avoid disputes. Both parties should go through the apartment together and note the condition of walls, floors, doors, and windows. Take photos that document the condition. This serves as a basis for what is normal wear and tear.
- Fill out a move-in form. Many landlords have a formal form that should be used. Make sure to fill it out correctly and attach photos from the inventory. This makes it harder for the landlord to claim there are damages that were not there when moving in.
- Contact the landlord in case of disputes. If the landlord demands payment for wear and tear that you consider normal, you should first contact them to discuss. It is usually easiest to resolve disputes before they reach the Rent Tribunal.
- Press the Rent Tribunal if agreement is not reached. If the landlord does not agree with your view, you can send an application to the Rent Tribunal. You should then attach all evidence, including photos from moving in and moving out, as well as your inventory list.
Common questions
What is normal wear and tear when moving out?
It is what is reasonable for an apartment to be used over a certain period. The landlord has a duty of care to keep the apartment in a condition that corresponds to the tenant's right to use it. The tenant has a corresponding obligation not to cause abnormal wear and tear. This is a balancing act that is decided in each individual case, not by a fixed limit.
Can the landlord demand that I pay for worn doors?
It depends on whether the wear and tear is normal or abnormal. If the door has key scratches or is slightly darker, it is normal wear and tear. If the door is damaged or has scratches that cannot be linked to normal use, the landlord can demand compensation.
What happens if I do not agree with the landlord about the wear and tear?
If you do not agree with the landlord, you can send an application to the Rent Tribunal. You should then attach all evidence, including photos from moving in and moving out, as well as your inventory list.
Do I have to pay for worn carpets?
It depends on whether the carpet is worn in a way that is normal for a home. If the carpet has small scuffs or is slightly darker, it is normal wear and tear. If the carpet is damaged or has stains that cannot be linked to normal use, the landlord can demand compensation.
Read more about rental flats
- Landlord: What counts as normal wear and tear?
- Normal wear and tear or damage? Your complete guide to a dispute-free move-out
- Must the landlord pay back the deposit with interest?
- How long does the landlord have to pay back the deposit?
The text is general information and does not constitute legal advice.
