Lodger agreement – rules regarding rent, security deposit, and security of tenure

Short answer: A lodger agreement should clearly regulate which room and which common areas may be used, the amount of rent, payment, security deposit, notice period, house rules, and furnishings. The applicable legislation depends on, among other things, the type of housing and the actual nature of the arrangement.

When is someone a lodger?

The term is typically used when the person letting out the home continues to live there themselves and another person is granted the use of a room as well as certain common areas. If the entire home is handed over for independent use, it may instead be a case of subletting.

Why is a written agreement necessary?

Verbal agreements can be difficult to prove. A written agreement reduces the risk of disputes regarding rent, termination, security deposits, cleaning, furniture, guests, and access to common areas.

What should the lodger agreement include?

• details of the parties
• address and which room is being let
• which common areas may be used
• rent and due date
• what is included in the rent
• security deposit and conditions for repayment
• contract duration and termination
• furniture and furnishings
• house rules, smoking, and pets
• responsibility for damages and keys

How is the rent determined?

The rules that apply to the rent depend on the legal framework of the letting. The person letting out the space should therefore not assume that market rent can always be charged. Costs, type of housing, and the applicable law need to be analyzed.

Security deposit

A security deposit is common but should be clearly regulated: amount, purpose, when it may be used, and when it is to be repaid. An inspection report and inventory list make it easier to determine whether a deduction is due to actual damage or normal wear and tear.

Security of tenure and termination

Security of tenure when letting out a part of a home is not identical to standard residential leasing. The exact legal position depends on the specific arrangement. The agreement should therefore state the notice period but should not attempt to override mandatory rules.

Permits and type of housing

The rules differ between rental apartments, tenant-owned apartments, and houses. Having a lodger while living there yourself is generally not the same thing as subletting, but the arrangement cannot simply be called a "lodger agreement" if the actual situation is different.

Common mistakes

• no documentation of the security deposit
• unclear which common areas are included
• furnishings are not documented
• no notice period
• the entire home is handed over but the agreement is still called a "lodger agreement"

See the Mallbutiken lodger package with agreement, security deposit, and inventory list.

You can also read our guide on inventory lists and inspection reports for rentals.

FAQ

Is a lodger the same as subletting?

No, not normally. An important distinction is whether the person letting out the space continues to live there and whether the other person has independent right of disposal over the entire home.

Must a security deposit be used?

No. If the parties use a security deposit, the terms should be written and clear.

Can you evict a lodger immediately?

It depends on the agreement and the rules that apply to the arrangement. The notice period should therefore be correctly regulated from the start.

The article is general information and does not replace legal advice.