Do you know what your rights as a tenant are?

In many parts of the country, finding an apartment is a challenge, to say the least. Especially in larger cities and close to universities, many people find it difficult to rent an apartment. Many are therefore forced to sublet their home. As a second hand tenant, it can sometimes be difficult to know what rights you have.

Something that has become increasingly common in recent years is renting through letting agents. Then the property owner rents out the apartment to a letting agent, who then rents the apartment out to a tenant. In some cases, this can affect the tenant in the form of higher rents. It also sometimes leads to the tenant losing their protected tenancy. Protected tenancy means that you as a tenant have the right to an extension of your lease if the landlord terminates your agreement before the contract has expired.

In some cases, as a second hand tenant who rents your apartment through a letting agency, you may also be entitled to a first-hand contract, reimbursement of any excess rent you may have paid and fair rent in the future. To find out if you have the right to get a first-hand contract, get back rent you’ve paid or even have the right to have your rent adjusted, you need to review your lease with a lawyer.

How do you know you’re renting an apartment through a letting agency?

When letting agencies sublet apartments, it risks eroding the Swedish residential rental market. It becomes more difficult for people to find apartments with reasonable rent. At the same time, the letting agents can drive up rental prices when they own the rental contracts for several residential areas. By extension, it also results in fewer available rental apartments on the market.

You can easily find out if you’re subletting your apartment by looking at the name plate at the main door of the house where you live. The owner of the house must be named there. Compare the name with the name that appears on your lease. If there’s a different name on your lease than what’s on the nameplate, you’re most likely renting your apartment through a letting agent.

Do you need legal help?

All children in Sweden has the right to have adjustments made in the classroom if they need it

Thanks to today’s digital society, there’s a lot of information and knowledge to take advantage of as a family with children who have special needs. It’s easier today to share knowledge and information and thereby normalize that all children do not look the same. And above all, that each child has different conditions. This way, we can ensure that our society adapts the environment in the right way to make sure that the children have a chance to live their best life.

In Sweden, children with special needs have the right to support and protection according to various laws and regulations. As a family with children who have special needs, it’s important to know of three Swedish laws, all of which exist to secure children’s conditions in our society.

1. The Swedish Act concerning Support and Service for Persons with Certain Functional Impairments

One of the most important laws protecting children with special needs is The Act concerning Support and Service for Persons with Certain Functional Impairments, also known as LSS. According to the LSS, children with special needs have the right to personal assistance, accommodation support and other measures needed to make sure they get the opportunity to live an independent life. LSS also means that children with special needs have the right to daily activities and leisure activities adapted to their individual needs.

To be able to get help according to LSS, you have to qualify according to one of below.

1. People with developmental disabilities, autism or autism-like conditions.
2. People with significant and permanent intellectual disability after brain damage in adulthood caused by external violence or physical illness.
3. People with other permanent physical or mental disabilities that are clearly not due to normal ageing. Or if they are large and cause significant difficulties in daily life and thus an extensive need for support or service.

Getting help according to LSS is not always easy. Sometimes you as a relative may need a lot of documentation before your child gets the help they need. A reason to this is beause affected families are expected to be able to navigate within the law without prior knowledge. Becuase of that, it can be good to try and get help when you apply for support according to the LSS.

2. The School Act

Another important law that protects all children and especially those with special needs is the School Act. According to the School Act, all children have the right to equal education. The schools are obliged to adapt teaching and the environment to the children’s needs to ensure that they receive an inclusive education.

If your child needs smaller adjustments in school then you don’t need to validate in any way that your child has special needs. It’s enough that your child expresses difficulty in keeping up with school. This applies if, for example, your child is disturbed by noise and needs ear muffs. Or if they’re easily overstimulated and needs to take breaks during lessons. If, however, your child needs special educational support, it’s important that the right people are involved in creating an environment best suited for your child.

3. Health care for children with special needs

All children have the right to health and medical care according to the Health and Medical Services Act. But unfortunately, some children are in more need of healthcare than others. Therefore, it’s also important that you as a parent know what to do if your child isn’t receiving the right care.

The Health and Medical Services Act means that children have the right to care and treatment adjusted to their individual needs. It may include habilitation, rehabilitation, medical treatment and other necessary care. What many families of children with special needs find difficult is usually not the right to care, but rather how to get the right healthcare. As a parent of a child with special needs, you need to know where to turn to in order to get the right help. And for obvious reasons, this isn’t easy for a person who doesn’t work in healthcare.

If you find yourself in a situation where you feel that your child isn’t receiving the right care despite contacting the right authorities, it’s important that you seek the help of a lawyer who can prosecute your case. Sometimes it helps to have someone on your side with a different perspective on the situation. Someone who knows which strings to pull so that your child gets help as quickly as possible.

Do you need legal help?

We have several lawyers who can help you with this. Book an appointment if you have questions and need counseling, or email us to hire one of the lawyers. We recommend: Sofia Hollström

For the vast majority of us, to write a will is something we associate with old age, illness or death. In the middle of life, you may feel that it’s far-fetched to even consider the idea of writing a will. But we recommend at least having a basic plan in case something unexpected happens. Here are three important reasons why.

1. You get to decide for yourself

If you don’t write a will, the Inheritance Code comes into force. When you draw up a will, you, as the testator, put all or parts of the Inheritance Code out of play. This way, you decide for yourself, for example, which family member, relative, organization or association receives all or part of your fortune. You can also state conditions in the will if you wish. You do this when, for example, you want something someone inherits to be individual property, for example a large sum of money or a property. Then you ensure that the property is not part of a property division, if the person who inherits divorces in the future.

2. You can make changes whenever you want

A common misunderstanding is that you only write a will once in your life. That you cannot change the content. This is not the case – we often change during life, family relationships change and things happen that affect the original idea of the content of the will. The most important thing is that you destroy the original and enter a wording in the new will that the first will is invalidated.

3. When you write a will, your common-law partner can inherit

Many people believe that common-law partners automatically inherit each other if one of them passes away. But that’s not true because The Cohabitees Act is the basis for common-law partners, while the Marriage Code governs how spouses inherit. The Cohabitees Act doesn’t contain any rules regarding inheritance. That’s why, you and your partner can only inherit from each other through a will.

Let a lawyer help you

A will is easy to write on your own. But if you want help you can let a lawyer draft one for you as well. Our lawyers at Kliently can help you no matter which of these you choose.

Do you need legal help?

We have several lawyers who can help you with this. Book an appointment if you have questions and need counseling, or email us to hire one of the lawyers. We recommend: Marie-Louise Silfwerax, Samir Baraka

A divorce often takes a toll, so make sure you have someone you can trust to help you

Divorcing is always emotional and many only associate it with problems. However, there are simple and clear ways that can make the process of divorcing in Sweden easier. In addition to hiring a good lawyer to guide you through the entire process, the information below will help you keep track of what happens in the process.

When the separation is a fact

Have you and your partner decided to divorce? Or have you reached the end of the road in your marriage? Regardless of who applies for divorce, it has to be done at the district court where you’re registered. Sometimes, when divorcing in Sweden, you’ll have to go through a reflection period. This is a period of time that needs to pass before you can complete your divorce. The reflection period exists to avoid couples divorcing in Sweden hastily. However, there are some differences in if and how long the reflection period is.

Most often, the reflection period is for six months, but can in some cases be up to a year. If you’re both in agreement and don’t have children under the age of 16, you won’t need a reflection period. In this case, divorcing in Sweden takes effect immediately. If the divorce was filed by one party’s initiative, or if you have children under the age of 16, a reflection period of at least six months applies.

Do you need legal help?

We have several lawyers who can help you with this. Book an appointment if you have questions and need counseling, or email us to hire one of the lawyers. We recommend: Marie-Louise Silfwerax, Samir Baraka

Divorcing in Sweden involves a division of property

After the divorce process itself is completed, you usually have to go through a division of property. This is the process where you divide what is known as matrimonial property. That is what you as spouses have owned together during your marriage. Everything that isn’t legally individual property. Aside from each spouse’s debts, everything will be written down and summarized in a property division agreement that you both have to sign.

When divorcing in Sweden, if you aren’t in agreement, or have different views on how your property should be divided, the district court will appoint a property division administrator who’ll help you. And if there are big differences between your view points, the property division executor will be the one to decide who gets what.

Make sure you have help and a good support system when going through a custody battle

Having to deal with a custody battle is certainly not easy for anyone in the family. So it’s important to make sure that you have a good support system, both among your loved ones and within the lawyer you hire to help you at the district court. In the very best case scenario, you and your ex-partner will come to an agreement on your own about how you to divide custody of your children. Maybe there’s a natural solution to the situation? Maybe your children are old enough to choose which parent to live with?

However, if you can’t agree among the two of you, you’ll have to get help to come to a solution that works for your children. Since March 1, 2022, all parents who want to take a custody battle to court have to participate in an informational interview with the municipality first. In the interview, you’ll get help to resolve the conflict and come to a joint decision about how to divide custody of the children between you. If you still can’t agree, you’ll receive a certificate of having participated in the intervew and your case will be handed over to the court.

Do you need legal help?

We have several lawyers who can help you with this. Book an appointment if you have questions and need counseling, or email us to hire one of the lawyers. We recommend: Samir Baraka

What can be decided in a custody battle?

In a custody battle, you decide how you want to divide custody of your children, where the children will live and how you intend to resolve your visitation rights with the children. In Sweden, the best interests of the child are always top priority, and the court takes that into account when making their decisions. In order for the district court to take your case, one of you have to file a subpoena. If you already have a divorce case that’s being handled by the district court, you can ask to settle custody of the children directly in that case.

The district court can ask for information and investigations from the social welfare board and the family court to see what’s best for the children. A social worker will then often meet with both you and the children to gather information about your new living situation, your finances and the children’s needs and wishes.

There are a number of factors that can influence the district court’s decision. For example, the childrens ages and the relationship between the children and the parents can play a role. It’s also important how well each of you as parents can meet the needs of your children. This applies to both financial needs and other needs that the district court deems important.

What happens at the district court?

Often times, the custody process begins with district court calling the parents to a hearing. During the hearing, you tell a judge what you think is best for the children. In some cases, you may need to have several hearings if it’s particularly difficult to come to a good solution. And if you still can’t manage to agree, the district court can decide to hold a main hearing. Then the district court can call in other witnesses and use written evidence to help them make a decision. After the main hearing, the district court decides on your case and you can choose to accept the verdict or appeal it.

In some cases, the district court can decide to grant joint custody, meaning that you share responsibility for your children. The district court can also decide that one of you gets sole custody. Even if one parent gets sole custody, the other parent still has the right to visit the children. In very extreme cases, the court can decide that a parent shouldn’t be granted visitation rights. But then it’s because the child is at risk of being harmed by that parent.

Think about what your surnames are going to be after the wedding

To many, the wedding ceremony and marriage symbolizes the beginning of a new family life together. And the biggest symbol of family life is changing the surname to a common one. If you want to keep your surname after the wedding, you don’t have to think about anything because you will automatically keep the name you already have. But if you and your partner want to have common surnames, there are a couple of things that are good to keep in mind.

Previously, you could change your surname through the marriage officiant, but nowadays they’re not allowed to accept name-change applications. If you want to change your name, you have to send an application directly to the Swedish Tax Agency instead. Your partner doesn’t have to approve your application if you change to your partner’s surname.

Do you have any specific questions regarding name-changes or other legal preparations before getting married? Download the Kliently app to be able to talk to our lawyers specialized in family law.

Everything you need to know before the name change

You can choose to have one common surname. You can also choose to have a double surnames, which is when you take on a new surnamn based on your and your partner’s current names. Whether you want hyphens between the surnames is entirely up to you. If one of you already has a double surname, only one of the surnames can be included in the newly formed name. However, you can change to your partner’s double surname if you wish.

You can apply to change your surname both before the wedding and during the marriage. You can also change your surname several times during your marriage if you were to regret anything. You can even change to your partner’s last name even if your partner got that name in a previous marriage. When the Swedish Tax Agency approves the name change, you’ll receive an extract from their register from them. There you can see, among other things, when the name was changed and how it’s spelled. That way, you can ensure that everything is correct.

Some name changes cost money and can amount upto a couple of thousand Swedish crowns. But changing to your partner’s name won’t cost you anything. When you have changed your surname, the Tax Agency sends the new information to most authorities and companies. However, you have to make sure youtself to renew your ID, passport and notify everyone in your network, both friends, colleagues and others, that you have changed your name.

Check the waiting time for new passports when changing your surname

Remember that if you intend to go on a honeymoon trip, it’s important that you book the trip in the name that appears in your passport. Many people miss this, often because they’re used to making reservations in their old name. And that only leads to unnecessary costs and stress.

You cannot change the name on your passport before the Swedish Tax Agency has approved the name change. However, in connection to your wedding, you can apply to change your surname and at the same time, book a trip in your old surname, as long as you have a valid passport in that name. Processing times can be long with both the Swedish Tax Agency, who registers the name change, and the Swedish police, who issues the new passport. So it’s often easier to book a honeymoon in your old name and apply for a new passport when you’re back home. Alternatively, you can apply to change your surname after the honeymoon instead.

Do you need legal help?

We have several lawyers who can help you with this. Book an appointment if you have questions and need counseling, or email us to hire one of the lawyers. We recommend: Samir Baraka

Do you know the difference between alimony and maintenance support?

If you have children and have or are about to separate or divorce, you have probably come across the words alimony and maintenance support. Many find the terms confusing and difficult to keep track of what is what. Both alimony and maintenance support are about financial support for children, but what exactly is the difference between the two?

Alimony is paid by one parent to the other

Alimony is what one parent pays the other to cover the child’s living expenses. Alimony is paid when the child spends more time with one of you. This way, the financial responsibility for the child is balanced out. How much alimony one parent pays depends on their finances and the child’s needs. The alimony has to cover the costs of the child’s clothes, food, school fees, any leisure activities and such. At the Swedish Social Insurance Agency’s website, you can calculate how much the alimony will end up being.

Maintenance support when alimony cannot be paid

If the child mostly lives with one parent and the other parent is unable to pay alimony, the Swedish Social Insurance Agency steps in and pays maintenance support to the parent who has the children most of the time. The maintenance support has to then be paid back to the Social Insurance Agency from the parent who owes alimony.

The maintenance support is always the same, regardless of your finances. The Swedish Social Insurance Agency pays out:

• SEK 1,673/month up to and including the month the child turns 7.
• SEK 1,823/month from the month after the child turns 7.
• SEK 2,223/month from the month after the child turns 15.

If you’re the one who has to pay back maintenance support, the amount you have to pay depends entirely on your finances. The Social Insurance Agency calculates how your finances look and then decides what you will pay per month. If your finances are strained, you can pay back a smaller amount a month without it affecting the maintenance support that’s being paid out. If, on the other hand, you have an economy that the Social Insurance Agency considers good enough, you pay the same amount back as they pay out.

When your child is old enough to work, it’s important to keep track of how much the child earns since it affects the maintenance support. Your child can have an annual income upto SEK 60,000 without it affecting the maintenance support. If your child earns more than that, the maintenance support will also be lower. And the amount you have to pay back also decreases.

Do you need legal help?

We have several lawyers who can help you with this. Book an appointment if you have questions and need counseling, or email us to hire one of the lawyers. We recommend: Samir Baraka

Have you and your partner established powers of attorney?

We usually recommend that everyone draw up an enduring power of attorney for the future, whether you are married or common-law partners. It’s a legal document where you state in writing how you want others to manage things for you if you become unable to do it yourself. This could be in case you become seriously ill or are in an accident. With an enduring power of attorney, you can ensure that your bills are paid on time, businesses and property are managed appropriately and that you get the healthcare you want. An enduring power of attorney can give you a sense of control and minimize uncertainty about the future, and you can be sure that your wishes will be respected.

If you don’t have an enduring power of attorney, it can lead to a lengthy and costly legal process. This is because a court will have to step in and appoint a guardian for you. And in that case, you can’t be certain that the guardian will handle your affairs the way you want. So it’s good to have an enduring power of attorney that gives, for example, your partner the right to make important decisions for you.

How do you draw up an enduring power of attorney?

When you draw up an enduring power of attorney, you first have to appoint someone to give power of attorney to. Usually, many people give power of attorney to their partner. But you can also give power of attorney to a close relative or a friend. The important thing is that the person you choose is someone you trust, who understands your wishes and needs and who you know will act in your best interest.

After that you need to define what authority the power of attorney will give and in which contexts. It’s important to be clear so that no one can misunderstand your wishes. Things that are important to address are, for example, issues you want the power of attorney to tend to. What authority the person gets? If you’re giving power of attorney to more than one person. Sometimes you might want to give power of attorney to different people. Then it’s important that you state the conditions for that clearly in the document stating enduring power of attorney.

In order for the enduring power of attorney to be valid, it must be in writing. You sign it together with two witnesses. The witnesses can not be the person you give power of attorney to. When the enduring power of attorney should come into effect is usually decided by the person who receives the power of attorney. That is, assuming that you’re unable to take care of your financial and personal affairs at the moment. In some cases, the court examines the question of when the enduring power of attorney comes into effect. This applies whenever it says so in the enduring power of attorney or if the person who has recieved power of attorney requests it.

Do you need legal help?

We have several lawyers who can help you with this. Book an appointment if you have questions and need counseling, or email us to hire one of the lawyers. We recommend: Marie-Louise Silfwerax, Samir Baraka

Do you know how a property division is done?

If you decide to separate or divorce, you have to go through a property division. In the property division, you and your lawyer will go through your joint assets and debts and divide them between you. This is often mentioned as your joint estate, which is what you own and owe together. For example, it can be everything from real estate, cars, accounts, companies and other things that you have acquired during your marriage or as common-law partners. A division of property ensures that your assets and debts are divided fairly.

How does a property division work?

1. Make an inventory of what you have

The first thing you need to do in a property division is to list all of your assets and liabilities. This includes properties, bank accounts, shares, vehicles, companies and any debts.

2. Do you have any individual property?

When dividing property, it’s important to clarify what is individual property and what is matrimonial property. Individual property are the assets that you each own before getting married or moving in together. While matrimonial property are the assets you acquire together during your marriage. Normally, individual property is not included in the division of property.

3. Value your shared property

When you have taken inventory of what you jointly own and owe, you need to value your shared property. You can do this by hiring a valuer or by agreeing on a valuation between the two of you.

4. Decide on how to divide your property

When you have valued your joint estate, you have to decide how to divide your assets and liabilities between the two of you. In most property divisions, everything is divided equally, but sometimes there are circumstances that can affect the divide so that it’s not exactly in half. How you choose to divide is up to you and the easiest way is for you to agree on this on your own. If you can’t agree, the court can determine how to divide your property.

5. Put it in writing

Finally, you need a property division agreement. The agreement is a written document where you go through the inventory, the valuation, how you want to divide everything and exceptions if any. By drawing up an agreement, you make sure to avoid any disputes in the future.

Talk to a lawyer

Do you need help with a property division? The easiest is to get in contact with a lawyer who can help you with the legal issues concerning a property division. At Kliently, you can choose to contact our lawyers to get answers to your questions or to get help with the property division.

Do you need legal help?

We have several lawyers who can help you with this. Book an appointment if you have questions and need counseling, or email us to hire one of the lawyers. We recommend: Marie-Louise Silfwerax, Samir Baraka