Agreements & Legal

Tips and advice on everything worth considering when it comes to legal matters.

A secure rental starts with clear boundaries. In the Agreements and Legal category, you will find guides and answers that help you understand which rules apply when renting out your cottage, and how to protect both yourself and your guests. Here you’ll get support regarding rental agreements, division of responsibilities, and common legal questions that may arise before, during, or after a rental.

By having your legal matters in order, you not only create security but also build trust with your guests. Clear terms and well-defined agreements reduce the risk of misunderstandings and make the rental process smoother for everyone involved. Follow the guides below to build a solid foundation that lets you focus on being a great host – with peace of mind included.

6 questions in this guide

Renting out your holiday home can be a profitable opportunity, but it is important to understand the legal and regulatory aspects to ensure a smooth and lawful rental process.

  1. Is it permitted to rent out my holiday home according to the zoning plan or housing association bylaws?

    Before renting out your holiday home, you should check whether the local zoning plan allows rentals. Zoning regulations may include specific provisions regarding how properties in the area may be used. Contact your municipality to find out what applies to your property.

    If your holiday home is part of a housing association, you must also review the association’s bylaws. Some associations have restrictions or specific rules regarding subletting. It is essential to comply with these rules to avoid potential sanctions from the association.

  2. Which rental agreement should I use, and which terms should be included (e.g. rental period, payment terms)?

    Important terms to include in communication with the guest:

  • Rental period: Clearly state the exact start and end dates, including check-in and check-out times.

  • Rental amount: Specify the total rent.

  • Payment terms: Clarify when the rent must be paid.

  • What is included in the rent: For example electricity, water, internet, cleaning.

  • Termination and cancellation: Conditions for any termination or cancellation of the agreement.

    A clear and comprehensive agreement minimizes the risk of misunderstandings between you and the guest.

    All of this is included when renting out via Stugknuten’s mediation service.

  1. Do I need to notify authorities or insurance companies about the rental?
  • Authorities: Generally, no notification to authorities is required for private rental of a holiday home in Sweden. However, you must be aware of tax regulations and correctly declare rental income.
  • Insurance companies: It is important to inform your insurance company about the rental to ensure that your insurance covers any damage or incidents during the rental period. Some policies have specific conditions for rentals, and additional coverage may be required.
  1. What notice periods and other legal obligations apply to short-term rentals?

    For short-term rentals of holiday homes, where the rental period does not exceed nine months, the rental agreement ends automatically at the end of the rental period without the need for notice. The guest must vacate the property without demand.

    For rentals exceeding nine months, different rules may apply, and formal notice may be required. It is therefore important to clearly specify the rental period in the agreement and be aware of the legal obligations associated with different rental durations.

By carefully considering these legal and regulatory aspects, you can ensure a smooth and trouble-free rental of your holiday home.

If your guest does not arrive to take possession of the holiday accommodation they have booked, the following actions and considerations apply:

  1. Contact the guest immediately

    Try to reach the guest by phone or email to find out what has happened. It may be a misunderstanding, a delay, or an unexpected event that prevented them from arriving.

  2. Follow the agreement

    Review the terms of your rental agreement:

    Cancellation policy: If the guest does not show up and has not cancelled in time, you are entitled to keep the booking fee or the full rental amount in accordance with the agreement, depending on what has been agreed.

    If you rent out via Stugknuten’s mediation service, you as a host will always receive the full rental amount at the scheduled check-out if the guest does not show up.

  3. Offer alternatives if appropriate

    If it suits you and is practically possible, you may offer the guest to move the booking to another date. This can be a goodwill gesture and help create satisfied customers, even though it is not always necessary.

  4. Rent to other guests

    If the guest does not arrive and has not cancelled, you may consider renting out the accommodation to other guests if possible on short notice. Communicate this with the guest if you choose to proceed in this way.

  5. Terminate the agreement if required

    If the guest fails to show up without contacting you, the agreement is considered breached under common practice for short-term holiday rentals. This means you may rent out the accommodation to someone else without risking a breach of rules or contract.

  6. Ensure future routines

    To avoid similar situations in the future, you can:
    Clearly state cancellation rules in the booking terms and double-check that the guest has understood them in your communication prior to the stay.

By having clear terms and acting quickly in the event of a no-show, you can minimize losses while maintaining a professional relationship with your guests.

You can rent out your apartment if it is part of a housing cooperative, but this requires approval from the board.

If the board denies your application, you may appeal to the Rent Tribunal for review. It is important to have valid reasons for renting out the apartment, such as work or studies in another location, trial cohabitation with a partner, or difficulties selling the apartment.

Always remember to apply for permission before renting out your apartment, as unauthorized subletting may result in you losing the right to use the property.

Yes, you can rent out a holiday home that you have inherited. However, it is important to first ensure that you are the sole owner of the property. If ownership is shared with others, such as siblings, the consent of all co-owners is required in order to rent it out. In such cases, it is recommended to establish a co-ownership agreement that clearly regulates how rentals and other decisions should be handled.

Before starting the rental, you should also check whether there are any specific terms or restrictions linked to the inheritance or the property that could affect your ability to rent it out.
It is also important to familiarize yourself with applicable tax rules and insurance conditions related to renting out a holiday home.

If you are the sole owner and no obstacles exist, you are free to rent out the property. We at Stugknuten are here to support you with advice and tools for a smooth and secure rental process.

Yes, it is possible to transfer your cottage listing to someone else.

Before a transfer of the listing takes place, it is important that both parties agree and are fully aware of what a transfer entails – Stugknuten will assist with this process.

Please note that bookings cannot be transferred to another party – a listing can therefore only be transferred if there are no upcoming bookings for the listing in question.

Please contact our support team, and we will help you move forward with the transfer and ensure that everything is handled correctly. We assist you in ending your rental activity, while the new host is supported in getting started.

Transferring your holiday home as a gift or through inheritance is a significant decision that requires careful planning. Below are some important aspects to consider:

  1. Draw up a legally valid deed of gift

    For the gift to be valid, a written deed of gift must be prepared. This document should include:

  • The full property designation.
  • Clarification of whether the entire property or a share of it is being transferred.
  • Signatures of both the donor and the recipient.
  • Date and place of signing.
  • Although not a legal requirement, it is recommended that two witnesses are present when signing, as this is required by the land registry authority when applying for title registration.
  1. Advance inheritance

    Under Swedish law, larger gifts to direct heirs are considered an advance on inheritance unless otherwise stated. If you want the gift not to be treated as an advance inheritance, this must be clearly specified in the deed of gift.

  2. Application for title registration

    The recipient must apply for title registration with the land registry authority within three months of signing the deed of gift. For the application to be approved, the deed must be witnessed by two people.

  3. Tax implications

    Although gift tax has been abolished in Sweden, other taxes may still apply:

    Capital gains tax: In the event of a future sale, capital gains tax is calculated based on the donor’s acquisition value, meaning the recipient assumes the donor’s tax position.

    Stamp duty: If the recipient assumes loans or pays compensation exceeding 85% of the assessed property value, stamp duty may be payable. This tax amounts to 1.5% of the higher of the assessed value or the compensation paid.

  4. Existing loans and mortgages

    If there are loans secured on the property, you should contact the bank to discuss how these will be handled in connection with the transfer. The bank’s approval may be required to transfer the loans to the recipient.

  5. Conditions in the deed of gift

    You may include specific conditions in the deed of gift, such as stipulating that the property shall be the recipient’s separate property. This means it will not be included in a potential division of assets in the event of divorce or separation.

  6. Consent from spouse or cohabiting partner

    If you are married or cohabiting, consent from your partner may be required to transfer the property, especially if it is your shared home.

Transferring a property as a gift or through inheritance is a complex process involving both legal and tax-related considerations.

We recommend consulting a lawyer to ensure everything is handled correctly and in accordance with your wishes.

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