It is acceptable to sublet if you have received approval from SGS and follow existing legislation.
In our work to ensure safety and security in our housing we strive to, in so far as it is possible, eliminate any unauthorized subletting which disregards our housing queue and works to the disadvantage of students in Gothenburg. We carry out regular checks on Airbnb, Facebook, Blocket and other sites to ensure that our apartments are not illegally sublet. In addition to this, very strict legislation was passed by Parliament on 1 October 2019 regarding subletting.
It is acceptable to sublet if you have received approval from SGS and follow existing legislation.
You have the right to sublet your apartment if there is an acceptable reason such as, medical issues, or if you need to sublet for reasons related to your studies. Subletting agreements must be approved by SGS. You must have lived in your apartment for a minimum of 6 months before you have the right to sublet. If you sublet the apartment during the semester, the sub-tenant must study minimum 15 credits per semester at Chalmers or the University of Gothenburg. Note that it is not allowed to sublet during the notice period.
If your application to sublet is not approved, you have the right to appeal the decision to the Rent Board.
If you sublet your apartment, you still have primary responsibility for the apartment, for instance, if the sub-tenant destroys anything in the apartment or building. You are also liable to pay any outstanding rent not paid by the sub-tenant.
New legislation
Previous legislation in relation to subletting has been tightened up considerably by Parliament effective from 1 October 2019.
This means that there is now a ceiling regarding the amount the sub-tenant is required to pay. The primary tenant can only charge an amount in proportion to that stated in the tenancy agreement between the landlord and the primary tenant. An extra maximum charge of 15% of the total rent is permitted for the use of furniture along with proportionate actual costs relating to electricity and broadband. Tenants who charge a higher rent than that stipulated risk losing their contract. The landlord is no longer required to issue a warning or to give you an opportunity to rectify the terms of the sublet. Legislators view this matter seriously, to the extent that they have removed the chance to rectify any breaches in relation to the legislation. If the sublet is unauthorized and the rent is set at an unreasonably high level, from October 1, 2019, this is regarded as a crime punishable by a fine and/or a maximum of two years imprisonment.
The rules do NOT apply retroactively. The new provisions only apply to agreements entered as of October 1, 2019. Even if the amount of rent you pay after that date is unreasonable, it is the date of signing the contract that is the determining factor. Those who sublet an apartment based on a contract drawn up prior to October 1, 2019 do not risk fines or imprisonment.
Roommates
As a primary tenant, you are, of course, entitled to have a roommate if you, yourself, reside permanently in the residence. It is a prerequisite that you reside permanently at the address. If you do not reside permanently at the address you are in breach of the tenancy agreement regarding unapproved subletting and you risk losing your contract.
Note: You are not permitted to have a roommate if you live in a single room with a shared kitchen.
You, as a tenant, are not permitted to gain financially from your tenancy agreement by lowering your own living costs at the expense of your roommate. Therefore, the rent that you charge must be proportionate to the size of the space at your roommate’s disposal. Reasonable additions for furniture, equipment and other facilities may be charged. If you have multiple roommates the total amount of rent you receive from them may not exceed that which you, as the primary tenant, pay to SGS.
If the rent you charge your roommate is excessively high, you risk losing your contract.
Having a roommate works in a similar way to subletting the entire apartment. The rent charged cannot be unreasonable, however, no permission is required from the landlord.
Examples of how to calculate a reasonable rent
Example 1:
The primary tenant rents out a 15 m² room in his/her three room, 60² apartment to a roommate. The primary tenant pays a total of SEK 5 000. The primary tenant also has a 15 m² room at his/her disposal. Both parties have access to the living room, kitchen, bathroom and hallway. The shared area is 30 m², i.e. each of the parties can be said to have the use of 15 m² of this area. The roommate must not be required to pay more than a proportionate amount, which is half the rent paid by the primary tenant ([15 m² + 15 m²] / 60 m² ), i.e. SEK 2 500.
Example 2:
The primary tenant lives in a four room 120 m² apartment and pays SEK 9 000 in rent. He/she rents out two equally sized rooms to two roommates. The total of the rented area is 40 m², i.e. 20 m² per roommate. The primary tenant keeps a room and a bathroom measuring 20 m² together for his/her own use. The shared area in the apartment consists of a living room, a kitchen and hall which in total measure 60 m², i.e. each of the inhabitants of the apartment have 20 m² of the shared area at their disposal. Each of the roommates are to pay no more than one-third of the rent paid by the primary tenant ([20 m² + 20 m²] / 120 m² ), i.e. SEK 3 000.
