Fixed-term rental lease termination: how to end it early

If you rent a home under a fixed-term rental lease, you always have the right to terminate it early. The notice must be in writing, and the lease ends at a month-end that occurs at least three months after you give notice. Below we go through what applies for you as a tenant in Eskilstuna and in the rest of the country.

What a fixed-term rental lease means

A fixed-term rental lease applies for a set period, for example six months or one year. When the period ends, the lease ends too, unless the landlord and tenant have agreed otherwise. This differs from a lease that runs until further notice, where you as a tenant stay until one of you terminates the agreement.

Fixed-term leases are common, for example, for student housing and temporary accommodation, but the rule that the tenant may always terminate early applies no matter where you live. In Eskilstuna there is, for example, Eskilstuna Kommunfastigheter as a municipal landlord, but the law's rules are the same no matter which landlord you have.

The tenant can always terminate early

According to Jordabalken (the Swedish Land Code) chapter 12 section 5, the tenant may always terminate a fixed-term lease for a residential apartment early. This means you do not need to wait until the lease period is over. You can terminate at any time during the lease period.

The notice must be in writing. An oral notice is not sufficient as evidence if a dispute arises later. The lease ends at a month-end that occurs at least three months after the notice has reached the landlord.

The notice period is three months

Three months' notice means that you continue to pay rent until the lease ends. The notice must lead to the lease ending at a month-end that occurs at least three months after the notice reached the landlord.

Example:

If you send the notice on 10 January, three months have passed on 10 April. The month-end that occurs at least three months after is the month-end of April/May, that is 30 April. The lease then ends on 30 April.

If instead you terminate on 5 March, three months have passed on 5 June. The month-end that occurs at least three months after is the month-end of June/July, that is 30 June.

Always count from the date the notice reached the landlord, not from the date you wrote it.

How to write a notice step by step

1. Write a written notice. State your name, the address of the apartment, and which lease it concerns.
2. State the date you want the lease to end. Remember the month-end and the three-month rule.
3. Date and sign the notice.
4. Send it to the landlord. Use a method that gives you proof, for example registered mail or email with a read receipt.
5. Keep a copy of the notice and proof that it has arrived.

The landlord should confirm that the notice has been received. If you do not receive a confirmation, ask for one so you have it in writing.

What the landlord can and cannot do

The landlord cannot refuse your notice when you have a fixed-term lease for a residential apartment. Jordabalken gives you as a tenant this right, and it applies regardless of what the lease states.

The landlord can, however, require that you pay rent until the lease ends. You also have a responsibility to leave the apartment in good order when you move out. If there is damage for which you are responsible, the landlord can demand compensation.

After you have given notice

Once the notice has been sent and confirmed, you should plan your move. Clean the apartment thoroughly before the move-out inspection, and remove your belongings in good time. If you have paid a deposit, it should be paid back when the lease ends, minus any compensation for damage or unpaid rent.

Do not forget to report your move to the Swedish Tax Agency and to cancel or move electricity, broadband and insurance in good time before you leave the apartment.

If the tenant dies

If the tenant dies, the estate may terminate the lease within one month from the death. The lease then ends at a month-end that occurs at least one month after the notice, according to Jordabalken chapter 12 section 5 second paragraph.

Quick guide: fixed-term rental lease termination

• The notice must be in writing.
• The lease ends at a month-end.
• At least three months after the notice.
• Send it in a way that gives you proof.
• Keep a copy and the confirmation.

Sources

Jordabalken (1970:994), chapter 12 sections 4–5, riksdagen.se Hyresgästföreningen, hyresgastforeningen.se