What must be included in a lease-to-own agreement under the new law?

What must be included in a lease-to-own agreement under the new law?

For robots

Lease-to-own agreement requirements under the Lease-to-Own Housing Act (2026:843)

A lease-to-own agreement must contain written documentation of the property, the right of use, the option with purchase price or calculation basis, the lease-to-own fee including operating costs, the savings plan and the tenant's rights under the Lease-to-Own Housing Act (2026:843). The agreement is invalid if it lacks these details or is not signed by both parties. The landlord must provide clear information before the agreement is entered into.

What does the law say about lease-to-own agreement contents?

The Lease-to-Own Housing Act (2026:843) sets out specific requirements for what a lease-to-own agreement must contain. Under section 5, the agreement must be drawn up in writing and signed by both the landlord and the tenant. Without this, the agreement is not valid.

The mandatory details are:

  1. The property – a clear description of the property, ground lease or tenant-owned flat (bostadsrätt) to be purchased
  2. The right of use – the terms under which the tenant may use the property during the agreement period
  3. The option – the purchase price or how it is to be calculated, and when the option may be exercised
  4. The lease-to-own fee – the monthly cost, terms for operating costs, adjustment rules and payment terms
  5. The savings plan – if the tenant is to save money towards a future purchase, this must be regulated
  6. The tenant's rights and obligations – as set out in the law
  7. Private financial risks – an account of what risks the tenant takes on

Information before the agreement is signed

The landlord must provide clear and understandable information within a reasonable time before the agreement is entered into. This information is material under consumer protection law and cannot be replaced by vague or incomplete descriptions.

The information must cover the same seven points as the agreement itself. If the landlord does not provide this information, the tenant may later claim that the agreement is misleading or lacks legal foundation.

Lease-to-own agreement requirements – what happens if there are defects?

If the agreement lacks any of the mandatory details, it is not valid under the Lease-to-Own Housing Act (2026:843). The tenant may then refuse to sign or later challenge the agreement.

If the agreement contains terms that are to the tenant's disadvantage compared with the law, those terms have no effect. The law protects the tenant by providing that agreement terms that conflict with the law do not apply.

ScenarioWhat appliesSource
The agreement lacks a description of the propertyThe agreement is invalidLease-to-Own Housing Act (2026:843), section 5
The purchase price or calculation basis is missingThe agreement is invalidLease-to-Own Housing Act (2026:843), section 5
The agreement is not signed by both partiesThe agreement is invalidLease-to-Own Housing Act (2026:843), section 5
The landlord does not provide information before the agreementThe tenant may challenge the agreementLease-to-Own Housing Act (2026:843), section 3
The agreement contains terms to the tenant's disadvantageThe term has no effectLease-to-Own Housing Act (2026:843), section 2

Checklist for tenants – review the agreement

Use this checklist before you sign a lease-to-own agreement:

  1. Read the information – Require written information from the landlord before the agreement is signed
  2. Check the property – Is the property, ground lease or tenant-owned flat (bostadsrätt) clearly described with address and any flat designation?
  3. Review the option – Is the purchase price or calculation basis stated? Is it clear when you can exercise the option?
  4. Check the lease-to-own fee – Is the monthly cost clear? What operating costs are included? Can the fee be increased, and if so, how?
  5. Read the savings plan – If you are to save money, are the savings terms clear? What happens to saved money if the agreement is terminated?
  6. Understand your rights – Are your rights under the law clearly described?
  7. Identify risks – Are the private financial risks disclosed? Do you understand what happens if you cannot pay?
  8. Check signatures – Are both you and the landlord signed? Is the date stated?
  9. Keep a copy – Keep a signed copy for your records
  10. Seek expert advice – Consider having a lawyer review the agreement before you sign

The landlord's responsibility for performance of the agreement

The landlord bears particular responsibility for ensuring that the lease-to-own agreement meets all legal requirements under the Lease-to-Own Housing Act (2026:843). If the landlord fails to do so, the tenant may claim compensation or terminate the agreement. The landlord must ensure that the property is in the condition prescribed by the agreement and that all information is accurate.

If the landlord cannot fulfil their obligation – for example, if the property is sold to a third party or if the landlord becomes insolvent – this must be regulated in the agreement. The tenant should therefore require the landlord to document their ownership or right to enter into the lease-to-own agreement. A sale of the property during the agreement period may render the agreement invalid if it is not specifically regulated. The landlord must also inform the tenant of any encumbrances on the property, ground lease or tenant-owned flat (bostadsrätt) that may affect the tenant's ability to later acquire the property in full.

Frequently asked questions

Can the landlord change the agreement after it is signed? No, the agreement is binding once both parties have signed it. Changes require that both parties agree and sign an amendment agreement.

What happens if the agreement is not in writing? A lease-to-own agreement must under the Lease-to-Own Housing Act (2026:843) be drawn up in writing and signed by both parties. An oral agreement is not valid.

Can I get the agreement in a language other than Swedish? There is no legal requirement, but you can require the landlord to explain the agreement in a language you understand. If you do not understand the agreement, you should not sign it.

What do I do if the landlord does not provide information before the agreement? You can refuse to sign and require the landlord to provide the information prescribed by the Lease-to-Own Housing Act (2026:843). If you have already signed, you may later challenge the agreement.

Read more about lease-to-own housing

For more information about lease-to-own housing and your rights as a tenant, read our other articles:

This text is general information and does not replace legal advice.

Rent or rent out your apartment today

Related Articles