Have you thought about renting out through Airbnb?

Airbnb is a popular way to both rent out and rent accommodation all over the world, including Sweden. Especially in these times when many people are facing financial struggles, renting through Airbnb can be a way to earn a little extra money. But before you post an ad about renting out your home, it’s important to be aware of the laws and regulations that apply.

1. What kind of home you have makes a difference when renting out through Airbnb

If you live in a house, you won’t need a permit to rent out through Airbnb. The same applies if you only want to rent out one room in your apartment. Then the same rules apply as when you have a boarder in your apartment. For example, you have to live in the apartment yourself during the periods when someone rents the room.

However, if you want to rent out your entire apartment, you have to have a permit to sublet the apartment to do so. For condominiums, you’ll need a permit from the condominium association. And for rental apartments, it’s instead your landlord that you need to get a permit from.

2. You may have to pay taxes and VAT when renting out through Airbnb

Whether you have to pay tax or not depends on a number of factors. In part, the rules are different depending on whether you rent out a house, condominium or a rental apartment. And in part, it makes a difference how much money you rent out your home for. If you rent out your private home for more than SEK 40,000 per year, you may have to pay tax. Then you’ll have to pay 30 percent of the surplus you get after renting out your home. In addition, you may also have to pay VAT if you rent out the home furnished and in a manner similar to hotel operations.

3. Will you be handling personal data?

When renting out through Airbnb, you need to be aware of and comply with the GDPR. GDPR is the EU’s data protection regulation and it regulates how personal data must be handled. It’s important to bear in mind that personal data counts as all information that in some way has a connection to you as a person, whether directly or indirectly. It can be anything from your name, address, telephone number and social security number to email addresses with your name, ID card number and even your IP address. Even images, videos and audio recordings that can be linked to specific individuals are considered as personal data.

When you rent through Airbnb, you may only ask for other people’s personal data if it’s necessary and only for the purpose of managing bookings. For example, you may not ask guests to use third-party websites to review your accommodation or to open website accounts. You’re also not allowed to market your accommodation after the guests stay.

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The Disclosure Act affects people who work in the public sector.

Recently, Swedish politicians have talked a lot about a Disclosure Act. Many make their voices heard, not least the professional groups that the law would apply to. And if you’ve tried to find out what the Act entails, you’ve probably seen that there are those that are both for and against it. So what does it mean to have a disclosure law and who will be affected by it? We’ll dig deeper into that below.

The Disclosure Act is a law that the Swedish Tidö parties want to introduce. It would force certain professional groups working in the public sector to report to the police and the Swedish Migration Agency if they were to meet people who are in Sweden without a permit. Professional groups that the Disclosure Act will apply to are, for example, teachers, healthcare staff and staff in social services. Today, these professional groups do not have to report if they come into contact with undocumented people. Many who work within these groups also have a duty of confidentiality, which goes against the Disclosure Act.

What happens if the Disclosure Act is introduced in Sweden?

If Sweden were to introduce a law that forces professional groups within the public sector to report undocumented people, it would affect the individual workers and not the workplace as a whole. In other words, each individual worker will be obligated to report undocumented people. This means that the consequences for those who don’t report undocumented people will also affect workers on an individual level. What those consequences may be has not been determined at this point. What is mainly discussed now is the possibility of introducing or preventing such a law.

Also, there are already other regulations that currently go against the Disclosure Act. In addition to the duty of confidentiality, it’s also against the Convention on the Rights of the Child to indicate children who doesn’t have a residence permit in Sweden. That’s why it’s difficult to predict how an act like this would work in real life. And if it’s even possible without compromising certain democratic rights people in Sweden have today.

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Make sure you’re aware of the legal aspects when buying a new build.

Buying a new build apartment can feel incredibly luxurious. Moving into a brand-new home and decorating it just the way you want is something many look forward to. However, there are certain legal aspects that are important to be aware of when purchasing a new build.

A common misconception is that issues that arise in new builds should be addressed with the construction company. But when you buy a new build, you should turn to the condominium association with any potential issues. This is because you have a lease agreement with them and not with the construction company. So for instance, if the construction company makes changes in the building process that you feel doesn’t align with what’s stated in the initial agreement, you should still take your complaints directly to the condominium association.

What if there’s something wrong with your new build?

I upplåtelseavtalet kan du se vad som ingår i köpet av din nyproduktion. Där brukar det stå hur stor bostadsrätten är, hur många rum den har, vilka övriga utrymmen som ingår, osv. Skulle det visa sig att den färdiga lägenheten inte stämmer överens med det som står i upplåtelseavtalet har du rätt att kräva att bostadsrättsföreningen rättar till det som inte stämmer. Dröjer de med att rätta till felet kan du också välja att göra det själv. Och då ska bostadsrättsföreningen stå för kostnaderna.

Skulle din förening däremot inte gå med på att rätta felet i din nyproduktion, eller om det är ett större fel som de inte kan fixa snabbt, så har du rätt att säga upp bostadsrätten i stället. Och om du och din förening inte kommer överens kan du alltid vända dig till Hyres- och arrendenämnden. De finns till för att lösa tvister i hyres- och boendefrågor. Men ska du kontakta dem kan det vara bra att prata med en jurist först. Då kan du vara säker på att du får med all nödvändig information när du skickar in din ansökan. Och du kan direkt få besked av juristen om ärendet gällande din nyproduktion är rimlig och värd att fullfölja.

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Have you discovered a hidden defect in your condominium?

Buying a condominium is a big investment and it’s important to be sure that it doesn’t lead to unnecessary costs in the long run. When you buy a condominium, you have the right to be informed of any defects that the condominium has. But some defects are difficult to spot, even for an inspector. In the event of a hidden defect in a condominium, you as a buyer have the right to demand that the seller compensate you for the defect, but there are also requirements for you as a buyer that you have to be aware of.

As a buyer, you have a duty to investigate. This means that it’s your responsibility to check the condominium carefully to discover any defects and errors. It’s also your responsibility to bring in an inspector who can examine the condominium. In order to be able to report a hidden defect, it has to have existed since before you bought the condominium, but be of such character that it couldn’t have been detected during an inspection. The defect also can’t be something that should be expected. This means that certain defects can be a natural consequence of the condominium being old, in poor condition, etc. Such defects doesn’t count as hidden defects.

How do you complain about a hidden defect in a condominium?

If you discover a hidden defect, you have to contact the seller immediately. You have up to two years to complain about any hidden defects in the condominium, but once you’ve discovered a defect, you can’t wait too long to contact the seller about it. Then you have the right to demand that the seller either pays to correct the error or that the seller compensates you by lowering the price of the condominium. Should there be a major defect, you also have the right to revoke the purchase altogether.

Sometimes it the agreement can state that the condominium is sold as is. Or the seller can insert a disclaimer clause into the contract. If the condominium is sold in its existing condition, you can still complain about any hidden defects, but there are additional requirements you have to meet. In addition to being able to demonstrate that you have discovered a hidden defect, you also have to be able to show that:

• the condominium is in a worse condition than you could have expected.
• the information the seller has given about the condominium doesn’t match the real state of it.
• the seller has withheld important information about the condominium.

However, if the seller has included a disclaimer clause in the contract, then you can’t go back and complain about hidden defects. This is because the seller has waived their responsibility for the condition of the condominium. If the seller includes a disclaimer clause in the agreement, the price for the condominium should also be lower to compensate for the disclaimer.

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Do you suspect you’re paying too much rent?

If you sublet your apartment, there’s a risk that you’ll pay too much rent. This is because some people that rent out their apartments take the opportunity to earn some extra money from it. This isn’t allowed according to Swedish law that states that rent has to be at a reasonable level. Meaning the rent can’t be too high based on what you pay for. Paying rent that is too high is also called usurious rent.

What is a reasonable rent is different depending on, among other things, the size of the apartment, location, what’s included in the rent, etc. But generally speaking, you shouldn’t have to pay more than the original rent when you sublet a rental apartment. And you shouldn’t have to pay more than the actual housing cost when you sublet a condominium. You can easily find out if you’re paying too much rent by, for example, talking to neighbors and asking what they are paying. Or by comparing the rent of other similar apartments. It’s important to remember when making such a comparison that the rent can differ by up to 5 percent. It’s when your rent differs significantly that you can be sure you’re paying too much rent.

What can you do if you pay too much rent?

If you pay too much rent, you can send an application to the rent tribunal to have the rent reduced. If the apartment is a rental, you can get back the excess rent you’ve paid. You can only get back rent up to two years back in time from the day you send your application. However, if you’re subletting a condominium, you cannot get back excess rent. If that’s the case, you can only apply to reduce your current rent.

Applying to have your rent reduced or get excess rent back can be overwhelming. That’s why we recommend contacting a lawyer who specializes in tenancy law. This way, you can make sure that your lawyer knows what your rights are and that they will help you with the process in the best possible way.

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Have you ever had disturbing neighbours?

Do your neighbours make a lot of noise that bothers you? Do you find it difficult to have peace in your home because of it? Sometimes, having neighbours can be complicated. We all can unfortunately find ourselves in situations where we have neighbours with whom we absolutely don’t get along. And often it’s because of disturbing neighbours.

The first thing you should do, if you’re in this position yourself, is to try to talk and solve the problem together with your neighbour. The best thing, of course, is if you can come to a solution together. Especially since problems like this can arise due to misunderstandings. Maybe your neighbour has very young children who have difficulties settling down. Talking to the neighbour is both the easiest option and the one that will hopefully lead to better neighbourliness in your area. But if your neighbour doesn’t listen to you and continues with the disturbances, there are a couple of things you can do to resolve the situation.

What to do if you have disturbing neighbours

You can always take your complaints directly to the landlord/housing association. If you live in rental apartment, they often have a hotline for disturbances that you can call as well. The neighbour that causes the disturbances will then be notified about the complaints and get a chance to do better.

If the reason for the disturbances is that the neighbour is careless, they have to try to stop with the disturbances. However, should the problem persist, you could file a new complaint to show that nothing has changed. If a person receives several complaints about disturbances, there’s a risk that the person won’t be allowed to stay in the apartment.

If your landlord or housing association doesn’t listen to you, you can also contact the Rent Tribunal and ask for help. In that case, it’s important to write down what the disturbance is and when it happens. By writing down a list with date, time and description of disturbance, it will be easier for the Rent Tribunal to help you. The Rent Tribunal is a type of court that deals with rental and housing issues.

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Do you think you’ll have to pay for damages on your rental apartment?

If you live in a rental apartment, you as a tenant are responsible for looking after the apartment and not causing any major damages. At the same time, it’s completely normal for wear and tear to occur in an apartment, especially if there are several of you living there. So where does the line go between normal wear and tear and major damage? When does the landlord have the right to demand that you pay for damages? And when do you have the right to refuse it?

First of all, it’s important to understand that what counts as normal wear and tear is something that’s assessed on a case-by-case basis. However, there are certain guidelines that can be used as a starting point. Examples of normal wear and tear are minor scratches in parquet floors and holes and small marks in the walls. This is the type of wear and tear that normally occurs just from living in the apartment. Then there are times when damage occurs because someone has been particularly careless. And that’s when you’re obligated to pay for damages.

When is a tenant obliged to pay compensation for damages on a rental apartment?

When deciding whether the damages that has occurred in an apartment is normal wear and tear or not, a couple of factors are taken into account. One factor is how long the tenant has lived in the apartment and how extensive the damage is. The cause of the damages are also something that’s taken into account. For example, has your child painted on the walls? Or do you have bigger and/or deeper scratches on the floor that weren’t caused by just walking on it? Then the landlord may be entitled to claim compensation for damages from you.

How big the compensation will be depends on the damage and how much it would cost to fix it. In case of damages to the walls, the compensation is often the same as the cost of painting or wallpapering the walls. If there are damages to the floors, it may instead be the same as what it costs to, for example, sand and varnish the floors.

Do you think your landlord doesn’t have the right to claim compensation from you?

Since these situations are assessed on a case-by-case basis, it’s also easy for disputes to arise between landlords and tenants. If your landlord demands compensation for damages from you and you believe that they are at fault, you can turn to the rent tribunal. The rent tribunal is like a court that only exists for rent and housing issues. And it’s with them you can raise any disputes that arise between you and your landlord. To make sure that you have the law on your side, you can also contact a lawyer with experience in tenancy law. Then you can both get an assessment of what applies in your particular situation and get help pursuing your issue with the rent tribunal.

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Do you know what applies when you rent an apartment?

Are you renting your apartment and wondering about your rights as a tenant? Do you wonder if your rent is reasonable or too high? Or is your apartment in bad shape and you want to know if the landlord is responsible for refurbishing the apartment? As a tenant, you can expect that your landlord has some responsibility for the apartment you live in. And you have the right to demand that the apartment meet a certain standard.

The apartment must have a good standard

You have the right to demand that your apartment is of a good standard. This means that the most important functions should work without problems. This applies to white goods, pipes and plumbing as well as radiators. But it also means that you have the right to demand that the walls and ceiling be fresh and repainted at regular intervals. The same applies, for example, to kitchen cabinet doors and other interior items that belong to the apartment but don’t directly affect the apartments functionality. However, your landlord does not need to renovate the apartment to achieve a standard that is considered luxurious.

You can do minor renovations

If you want to repaint your apartment yourself, you have the right to do so. Even wallpapering and other small improvements can mostly be done as well. However, it may be good to consult with the landlord and get their approval first. This applies especially if you intend to paint or wallpaper in colors and motifs that aren’t neutral. As a landlord, you may want the improvements that are made in the apartment to be neutral in order to please other, future tenants as well.

Right to reduced rent

If your apartment has faults that affect the apartment’s functionality, you have the right to have the rent reduced. That is, as long as you aren’t the one that has caused the error. This doesn’t apply to cosmetic defects such as scratches in the parquet or minor damages to door frames. This applies if, for example, the white goods doesn’t work for a shorter period of time or if the toilet is broken and you can’t use it. It’s important to remember that you’re obliged to notify your landlord as soon as the damage occurs, regardless of whether you’ve caused it or not. In the event that you have caused the damage, you yourself have to compensate your landlord for the damages.

You decide when the landlord can enter the apartment

Even if the landlord owns the apartment, you have the right to deny them access. This applies if the landlord hasn’t notified you in advance that they intend to stop by to have a look. In the vast majority of cases however, landlords don’t usually stop by unless it is to check the condition of the apartment. For example, in the event that they have received a complaint from you that they need to look into. And if so, the landlord have to notify you when they intend to visit the apartment.

This is when you have the right to terminate your contract

Should your apartment have very large defects or if the apartment can be considered a health hazard, for example if there’s mold, you have the right to terminate your contract. This applies if your landlord doesn’t address the problem and do something to fix the damage. One of the most important rights you have as a tenant is that you should be able to feel safe and secure in the apartment you rent.

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Have you heard of the term retrieval request?

If you have a child that’s under state custody, you may have come across the term retrieval request. A retrieval request helps your bring your child home again if the child has been taken into state custody. If the social welfare committee decides that a childs well-being is at risk, they can step in and put that child in state custody. It doesn’t happen often, but when it does, there are certain rules and processes that must be followed to ensure that the child is safe and well.

In Sweden, the term LVU is a mandatory law that controls the care of children. The law exists to make sure that children who get hurt in their home can be taken care of and hopefully be put in better living conditions. The reasons why a child is taken into custody can be both about home conditions and the child’s behaviour. And sometimes the child may need long-term care. While there are also times when the child’s family can make the necessary changes to ensure that the child can live a safe life at home.

Before a child is placed in custody, the Social Committee makes an assessment that confirms that the child’s health and/or development is harmed by living at home. The court will also have to establish that that assessment is correct before it’s possible to take a child into state custody. After that, the social welfare board has to make reassessments at least every six months regarding whether the child still needs to stay in custody or not.

How does a retrieval request work?

If your child has been taken into state custody and you want to bring them home, you can make a retrieval request. The child can also do this if they have reached the age of 15. The social service then investigates whether it’s reasonable to terminate the child’s custody. Social services only have up to four months to complete their investigation. When the investigation is completed, the social welfare committee makes a decision based on it. In the case they don’t approve the request, you can appeal the decision to the administrative court.

When making a retrieval request, you’ll get the help of a public assistant. You don’t have to pay for your public assistance since the state is responsible for those costs. Before making a retrieval request, you have to review the reasons why your child was placed in custody in the first place. If it was due to reasons that you are responsible for, you have to make the necessary changes the social welfare board considers you should make before your child can return home. If the harmful situation for the child hasn’t changed, your retrieval request won’t be approved.

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White seashells on the ground with one of the shells in rainbow colors symbolizing discrimination.

It may sound like a strange question, shouldn’t everyone know what discrimination is? But the fact is that there’s a difference between being discriminated against and, for example, treated unfairly. In order for an act to be considered as discriminatory, it has to fulfill a number of requirements. First and foremost, the discrimination has to be based on a person’s sex, gender identity or expression, ethnicity, religion or belief, disability, sexual orientation or age. In addition, there are six forms of discrimination according to Swedish law that the act has to comply with. Below we’ll tell you more about the types of actions that count as discriminatory.

1. Direct discrimination

Direct discrimination regards to situations where one person is treated worse than someone else. You have to be able to compare the situations for it to count as direct discrimination. This type of discrimination can take place in several situations and an individual assessment is therefore always made of each situation. For example, it can be considered discrimination if you aren’t called to a job interview when you have a non-Nordic ethnic origin while a person with Nordic ethnic origin and the same or similar qualifications as you is called. Or if you’re a woman and have a lower salary than your male colleague even though you have the same or similar experience and skills.

2. Indirect discrimination

Indirect discrimination instead has to do with situations that may seem neutral but which leaves a certain group of people at a disadvantages. Some rules and guidelines can be discriminatory even though everyone has to follow them. It can be considered indirect discrimination if the guideline for a job is that having a driver’s license is a merit even though the job itself can be performed without you having to drive a car. This is because the guideline disadvantages many disabled people who don’t have the opportunity to obtain a driver’s license.

Only businesses covered by the Discrimination Act can be convicted of discrimination. Swedish Systembolaget can, for example, discriminate based on age and not sell alcohol to minors. In this case, you can’t claim that they’re indirectly discriminating against you if they deny you purchases when you can’t show valid identification.

3. Lack of accessibility

Lack of accessibility as discrimination is about how an organization has adapted to people with disabilities or special needs. Organizations are obliged to ensure that people with disabilities can take part in an equivalent way to people without disabilities. There are also other special laws and regulations linked to accessibility to facilitate the disabled and increase accessibility. Examples of such laws are the School Act and the Work Environment Act.

What an organization has to do to be considered accessible depends on several factors. Among other things, the organizations finances and practical conditions are considered before assessing how it should be adapted.

4. Harassment as discrimination

Harassment is about offending another person or a group of people. It can involve derogatory comments, ostracism, gestures and the like. The person subjected to harassment decides whether the action is offensive. The person who’s victimized also has to be clear that the act is offensive for it to count as harassment. A prerequisite for being able to claim that something is harassment is that the person harassing has it made clear to them. However, there are of course situations that are so obviously offensive that the person being harassed doesn’t need to speak up.

5. Sexual harassment

Just as the term indicates, sexual harassment has to do about actions that are offensive and of a sexual nature. Examples of sexual harassment are comments with sexual allusions, touching inappropriately and the like. Even situations where a person claims that they meant well can be considered sexual harassment if they’re of a sexual nature and the person who’s exposed experiences discomfort.

In the case of sexual harassment, it’s also enough that the act itself is harassing for it to count as discrimination. You don’t have to refer to the fact that you’re a woman, disabled or so in order to claim that the act was discriminatory.

6. Instructions to discriminate

It’s also considered discrimination if a person forces someone else to discriminate. For example, store managers can’t tell their employees to deny a certain group of people from entering the store. And restaurant owners can’t tell their staff that they shouldn’t serve a certain group of people. For it to count as instructions to discriminate, there has to be a dependency relationship between the person giving the instruction and the person receiving it.

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