# Security of Tenure in Subletting: When Does It Apply?

*Sigrid Dahlgren*
*11 juni 2026*

> Are you wondering about security of tenure in subletting? Here we go through the rules and how you as a landlord or tenant should act.

## Understanding Security of Tenure in Subletting

Security of tenure in subletting is a topic that often creates uncertainty for both tenants and landlords. Understanding when this protection arises is crucial to avoid legal disputes and to ensure that the tenant's rights are respected according to the rental laws.

## Frequently Asked Questions

### When does security of tenure arise in subletting?
As a general rule, security of tenure arises only when the rental relationship has lasted for more than two years in a row. It is important to note that if the landlord is a private individual renting out their condominium or house, specific exemptions in the law apply.

### What does security of tenure after two years mean?
When the rental relationship has lasted for more than two years, the tenant generally has the right to an extension of the rental agreement. This means that the landlord cannot terminate the agreement without a valid reason or unless the rental right is forfeited.

### How does a waiver of security of tenure work?
To prevent security of tenure from arising, the parties can sign a separate waiver of security of tenure. In most cases, this agreement must be approved by the regional rent tribunal to be legally binding and valid.

### Can I sublet without the tenant gaining security of tenure?
Yes, by drafting a correct waiver of security of tenure, you as a landlord can protect yourself. It provides peace of mind for many who rent out their homes for a limited period, such as during studies abroad or work in another city.

### What are the tenant's rights upon termination?
Tenant rights include the right to a reasonable notice period and, in some cases, the right to an extension. If the landlord terminates the agreement without a valid reason, the tenant can turn to the rent tribunal for mediation.

### How does rental law affect security of tenure?
The rental law is the fundamental framework regulating security of tenure in subletting. The law is mandatory for the benefit of the tenant, meaning that one cannot contractually waive rights that are worse than what the law prescribes without special approvals.

### What happens if I rent out a condominium?
When renting out a condominium, the law on renting out one's own home applies, which means that security of tenure does not arise in the same way as with a rental apartment. This is an important distinction for anyone considering renting out their home.

### Must a waiver of security of tenure be approved by the rent tribunal?
Yes, in most cases, an approval from the rent tribunal is required if the waiver agreement is made before the rental relationship has lasted for two years. This ensures that the tenant is aware of what they are waiving.

### How do short-term contracts affect security of tenure?
Short-term contracts are a way to limit the rental period, but they do not automatically eliminate security of tenure after two years. A correct waiver is still required to be fully protected as a landlord.

### What do I do if the tenant refuses to move out?
If the rental relationship has ended and the tenant refuses to move out despite not having security of tenure, you can apply for eviction through the Enforcement Authority. It is always recommended to have a written agreement as a basis to facilitate the process.