Swedish Land Code: rules for land leases
Leasehold is primarily regulated in Chapters 8–11 of the Land Code. First, the grant must be correctly classified, as the rules regarding written form, lease term, termination, and security of tenure differ between the types of leasehold.
The four types of leasehold
- Agricultural lease: land is granted for cultivation, such as arable or pasture land.
- Residential lease: land is granted with the right to erect or retain a residential building.
- Commercial lease: land is granted for a building used in business operations.
- Other land lease (lägenhetsarrende): other leases that do not meet the criteria for the other three types.
Must the agreement be in writing?
Agricultural, residential, and commercial leases must be drawn up in writing, and all terms of the agreement must be stated in the document. Amendments and additions must also be in writing. For other land leases (lägenhetsarrende), the requirement for written form applies unless the parties have agreed otherwise.
Mandatory rules
Many leasehold rules are mandatory in the tenant's favor. A contractual term that contradicts such a rule may be void. In certain specifically stated cases, the approval of the regional rent and lease tribunal (arrendenämnden) may be required for a deviation to be valid.
Lease term and termination
There is no single common notice period or minimum lease term for all leases. The rules depend on the type of lease, the length of the lease term, whether a residence is included, and what the parties have agreed upon within the framework of the law.
Why classification is important
A grant of land for a holiday home may be a residential lease, while a simpler grant for, for example, storage or other use may be an other land lease (lägenhetsarrende). Incorrect classification can lead to the wrong conclusion regarding both termination and security of tenure.
Read more in the guide to security of tenure and the complete leasehold guide.
Do you need a lease agreement?
For a land lease agreement in Word, PDF and Excel, review the product description and check the lease category before choosing the document. Land lease agreement – Word, PDF and Excel template
View lease templatesSources
For cultivation or grazing, compare the agricultural land lease template in Word, PDF and Excel with the agricultural lease in Word/PDF. Check each product’s content and delivery information. Housing for the tenant requires consideration of farm-lease rules.
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