How Do Rental Agreements Work for Cohabiting Couples?

Moving in with a partner is a significant step, and one of the practical questions that arise concerns how to handle the rental agreement. A rental agreement for cohabiting couples can look slightly different depending on how you choose to handle it legally. This article provides an in-depth guide to how rental agreements function for cohabiting couples in Sweden, focusing on joint versus individual contracts and what happens upon separation.

Joint Rental Contract

The most common and often most practical way to manage a rental agreement for cohabiting couples is to sign a joint rental contract. In this case, both partners are legal parties to the agreement with the landlord. This means you both have the same rights and obligations towards the landlord.

Benefits of a Joint Contract

• Joint Liability: Both parties are jointly and severally liable for the rent. This means the landlord can demand the full rent from either party if the other cannot pay. This can be a security for the landlord but also a risk if the relationship deteriorates.
• Equal Rights: Both have the right to live in the apartment and have the same right to terminate the agreement (with the applicable notice period).
• Simpler Administration: Only one contract to keep track of.

Drawbacks of a Joint Contract

• Risk upon Separation: If you separate and only one of you wishes to stay, it can be complicated. Both must agree on who will take over the contract, or a new contract must be signed. If neither of you can take over the contract, it may lead to both of you having to move out.
• Financial Responsibility: As mentioned, you are jointly liable, which can be a burden if one party does not manage their share of the payment.

Individual Rental Contract

An alternative is for only one of the partners to be listed on the rental contract. The other partner is then considered a subtenant, even if you live together as a cohabiting couple. This is less common but may be relevant in certain situations.

When Might an Individual Contract Be Relevant?

• One partner owns/rents another property: If one of you has your own residence but you spend most of your time together in the other's residence.
• Financial reasons: If one of the partners has poor creditworthiness or if you want to keep financial obligations separate.
• Uncertainty about the relationship: If you are unsure about the future of the cohabiting relationship, it might feel safer for only one party to be on the contract.

Consequences of an Individual Contract

• Limited rights for the person not on the contract: The person not listed on the rental agreement generally has fewer rights towards the landlord. The landlord can, in principle, terminate the agreement with the person listed on the contract, which also affects the other partner.
• Subletting rules: If the person on the contract wants the other partner to stay after the contract is terminated, landlord approval may be required, especially if it's a more permanent arrangement.
• No automatic right to take over: The person not on the contract has no automatic right to take over the rental agreement if the person listed on the contract moves out.

Rights Upon Separation

Separation is one of the most common reasons for questions regarding rental agreements for cohabiting couples to arise. What applies depends on whether you have a joint or individual contract.

With a Joint Rental Contract

If you have a joint rental contract and separate, there are a few different scenarios:

1. Both move out: You terminate the agreement jointly and move out.
2. One of you moves out: The person moving out must ensure that the remaining partner can either take over full responsibility for the rent or that a new contract is signed with the landlord. If the person moving out remains responsible under the old agreement, the landlord can claim unpaid rent from them. It is therefore important to regulate this clearly, either verbally or, even better, in writing.
3. Neither of you can take over the contract: If neither of you wants or can take over the contract, and the landlord does not agree to extend it with either of you, you both must move out.

With an Individual Rental Contract

If only one of you is listed on the contract, the situation is simpler from the landlord's perspective. The person not on the contract has no legal right to stay if the person listed on the contract terminates the agreement or moves out. If the person on the contract wants the other partner to stay, this must be discussed and approved by the landlord, often by the remaining partner signing a new, individual rental contract.

Signing a Rental Contract as a Cohabiting Couple

When you are about to sign a rental contract as a cohabiting couple, it is important to discuss and agree on how you want it to look. Consider the following:

• Joint vs. Individual: Which option suits you best? Think about the future and potential scenarios.
• Responsibility for Rent and Utilities: How will you share the costs? Even if you have a joint contract, it's good to have an internal agreement on how payments should be made.
• Termination: What happens if one of you wants to move out? How will you resolve it internally and with the landlord?

It may be wise to draw up a simple cohabitation agreement (samboavtal) also for the housing, where you regulate these issues. This is not a legally binding document towards the landlord, but it can help you avoid future conflicts.

What does the law say about cohabiting partners' right to a rental property?

The Cohabitation Act (SamboL) does not directly grant rights to the tenancy, but it can provide an indication of how one should think. If the property is intended as a common cohabiting residence, the person not on the rental contract may have some right to take it over upon separation, but this is not guaranteed and often requires the landlord's approval. It is always best to have a joint contract to ensure equal rights.

Frequently Asked Questions about Rental Agreements for Cohabiting Couples

### Can my partner stay if I terminate the rental contract?

If you are solely on the rental contract and terminate it, your partner has no automatic right to stay. If you are both on the contract and one of you moves out, the other can stay if you reach an agreement with the landlord for the remaining partner to take over full responsibility.

### What happens if my partner cannot pay their share of the rent?

If you have a joint rental contract, you are jointly and severally liable. This means the landlord can demand the full rent from you, even if your partner does not pay their share.

### How do I sign a joint rental contract?

Contact your landlord and explain that you are a cohabiting couple and wish to sign a joint rental contract. The landlord will then update or draw up a new agreement listing both your names as tenants.

### Do I as a cohabiting partner have a right to the rental contract if we separate?

If you have a joint rental contract, you both have the right to stay, provided you can agree with the landlord on who will be on the continued agreement. If you are solely on the contract, your partner has no automatic right to take it over.

### What is the difference between a cohabitation agreement and a rental contract?

A rental contract is a legally binding agreement between a tenant and a landlord regarding the rental of a property. A cohabitation agreement (samboavtal) is an agreement between cohabiting partners that regulates their internal affairs, such as ownership of joint assets or how costs should be shared. It does not directly affect the landlord but can be important for your relationship.