Can you terminate a subletting contract whenever you want?

Can you terminate a subletting contract whenever you want?

You can terminate a subletting contract at any time, but the notice period depends on what your contract states and how far into the rental period you are. If nothing else is agreed, a notice period of one month from the end of a calendar month applies. It is the agreement between you and the sublandlord, together with the law's rules, that determines the exact terms.

What does the law say about notice periods for subletting contracts?

Subletting of a home that the landlord owns or rents themselves is regulated by the Act on Letting of Own Home (privatuthyrningslagen – the private letting act). According to section 6, second paragraph of the privatuthyrningslagen, the tenant has the right to terminate the rental agreement so that it ends at a calendar month-end occurring at the earliest one month after notice, if nothing else has been agreed to the tenant's advantage.

This means that as a subtenant under this law, you always have the right to at least one month's notice period counted from the end of a calendar month. An agreement can give you a shorter notice period, but not a longer one. Many subletting contracts follow this main rule.

The difference between a primary rental flat and a subletting contract

A primary rental flat (hyresrätt) means you rent directly from the property owner or housing company, and are covered by the rules that apply to renting a residential flat. A subletting (andrahandsuthyrning) is a private agreement between two private individuals or between a private individual and a company.

This means the rules are more flexible for subletting contracts. You and the sublandlord can agree on almost anything, as long as it does not conflict with law or good rental practice.

Notice period for subletting contracts – what applies?

Steps to terminate your subletting contract

1. Read your contract carefully. Check what notice period applies and whether there are any special conditions for termination.

2. Calculate the notice period. If the notice period is one month from the end of a calendar month and you give notice on 15 October, the notice applies from 30 November onwards.

3. Write a notice of termination. Use written form – email or letter – to have documentation. Clearly state the date you want to move out.

4. Send the notice to the sublandlord. Use registered mail or email with read receipt to prove the message reached them.

5. Keep all correspondence. Retain copies of your notice and the sublandlord's reply.

6. Prepare for the move. Make sure the flat is in good condition when you leave to avoid disputes over damage.

Can the sublandlord refuse to let you terminate?

No. You have the right to terminate the subletting contract at any time, as long as you follow the notice period that is agreed or that follows from the law. The sublandlord cannot force you to stay after the notice period has expired.

If the sublandlord tries to prevent you from terminating or demands compensation for early termination, you can contact the Rent Tribunal (Hyresnämnden) for advice. Read more about your rights at The Rent Tribunal: how it works and your rights as a tenant.

What happens if you terminate early?

If you terminate before the notice period has ended, the sublandlord can demand that you pay rent for the remainder of the notice period. This depends on what your contract states and what rules apply to the letting.

For example: If the notice period is three months and you give notice two months before the agreement ends, the sublandlord can demand one month's rent from you. However, some contracts contain clauses stating that the sublandlord must try to find a new tenant to reduce your cost.

Read more about this at Can you get your rent refunded if you terminate early.

Subletting contracts for a fixed term

If you have entered into a subletting contract for a fixed term – for example six months or one year – different rules apply. Many subletting contracts are time-limited.

When the agreed time ends, the contract terminates. If you want to stay longer, you and the sublandlord must agree on a new contract.

If you want to terminate before the time is up, you have the right under private letting to do so with one month's notice counted from the end of a calendar month, even if the contract runs for a fixed term.

The sublandlord terminates your contract

The sublandlord can also terminate your subletting contract. Read more about this at Can the landlord end the subletting contract early.

Under private letting, a longer notice period applies for the landlord than for the tenant, which gives you as a tenant extra protection.

Frequently asked questions

Can I terminate my subletting contract without giving any reason?

Yes. You can terminate the subletting contract at any time without having to explain why, as long as you follow the notice period.

What applies if the sublandlord and I cannot agree on the notice period?

If you do not have a written agreement on the notice period, the law's main rule for private letting applies: one month from the end of a calendar month. If there is a dispute, the Rent Tribunal (Hyresnämnden) can provide guidance.

Do I have to pay rent during the notice period?

Yes. You must pay rent for every day you live in the flat, including during the notice period. The rent ceases to apply only when you have moved out and the notice period has expired.

Can I terminate my subletting contract immediately if the sublandlord breaks the agreement?

If the sublandlord does something that breaks the agreement – for example if the flat is not in the condition agreed or if the sublandlord does not respect your rights – you may have the right to terminate immediately. You should then document the problem and try to resolve it with the sublandlord first. If that does not work, you can seek advice from the Rent Tribunal (Hyresnämnden).

Before you terminate – check this

Make sure you have a written contract or at least a written confirmation of the terms. If you only have an oral agreement, it can be harder to prove what applies.

Also check whether the sublandlord has permission from the main landlord or housing association to sublet. Many rental contracts prohibit subletting or require permission. If the subletting is not permitted, it can affect your rights.

Read more about subletting at Can I add an extra tenant to the contract and Lodger vs. Tenant: What is the difference and what rights do you have.

This text is general information and does not replace legal advice.