Exchanging an apartment in Kalmar: rules and advice

If you want to exchange your rental apartment in Kalmar for another home, you normally need the landlord’s approval or permission from the Rent Tribunal. The Swedish Land Code says a tenant may transfer a tenancy in order to obtain the tenancy of another residential apartment through an exchange, if the Rent Tribunal permits the transfer. Permission should be granted when you have a legitimate reason and the exchange can take place without significant disadvantage to the landlord. Exchanging a rental apartment in Kalmar is therefore a formal transfer of tenancy, and the rules do not apply to every kind of rental agreement.

Exchanging an apartment in Kalmar: what does the law say?

An apartment exchange means that you and another tenant want to swap homes and take over each other’s tenancy agreements. It is not enough that you both want to exchange. The Rent Tribunal can review the matter if the landlord does not approve. Under Chapter 12, Section 35 of the Swedish Land Code, the tenant must have a legitimate reason, and the exchange must not cause significant disadvantage to the landlord. A change in housing needs may be a reason, but each case is assessed individually. The law also sets a stricter test if one of the tenants has lived in their apartment for less than one year when the application is made: exceptional reasons are then required for approval.

An apartment exchange is not the same as subletting. In an exchange, the tenancy is transferred to another person in return for another home. In a sublet, the original tenant keeps their agreement while someone else rents the home. Do not hand over keys or move in before the landlords concerned have approved the exchange or the Rent Tribunal has granted permission.

How to prepare for an apartment exchange in Kalmar

For anyone planning to exchange an apartment in Kalmar, the process is step-by-step and requires accurate information:

1. Check your agreement and contact the landlord. Explain that you want to make an apartment exchange and ask how to submit an application. Kalmarhem’s letting policy states that apartment exchanges and transfers are assessed under the applicable rules of tenancy law. Other landlords may have their own forms and procedures.
2. Find an exchange partner and compare the homes. Agree which home each person would take over. Compare location, size, layout and practical needs, but do not assume the exchange is approved just because you agree.
3. Provide accurate information and documents. The landlord needs to assess who will live in the homes and whether the exchange meets the requirements. Answer questions and follow the landlord’s instructions. Do not provide false information or accept payment for the tenancy itself.
4. Wait for a written decision. Do not sign private arrangements that assume the exchange will go ahead before permission is granted. If the landlord says no, ask for the reasons and whether you can apply to the Rent Tribunal.

If the landlord refuses the exchange

The Swedish Land Code allows you to request permission from the Rent Tribunal for the transfer if the landlord refuses. Prepare a clear explanation of why you need to exchange your apartment in Kalmar, information about both homes and the other tenant, and the landlord’s objections. The Rent Tribunal applies the legal requirements. A refusal from the landlord does not by itself mean that permission can never be granted, but it is not a guarantee that an application will succeed either.

The law also says permission must not be granted if there is reason to believe that anyone involved in the exchange has requested, agreed to or received payment for the tenancy under the relevant provisions of the Land Code. Keep the exchange itself free from payment for the contract. Ordinary moving costs or the cost of furniture you own are different, but do not agree to anything that is effectively payment for obtaining the tenancy.

Frequently asked questions about apartment exchanges

Do both landlords have to approve the exchange? Contact both landlords. If one approval is missing, the Rent Tribunal may review the request for permission under the rules, but do not exchange homes until the necessary permission is in place.

Can I exchange if I have lived in the apartment for less than a year? The Land Code sets a stricter rule: permission is granted only if there are exceptional reasons. Also check whether your type of agreement is covered by the rules.

Does the right to exchange apply to a sublet? Chapter 12, Section 35 of the Land Code provides specific exceptions, including when the apartment is rented second-hand. The exchange right does not apply to subtenants.

Where can I get advice? Read Chapter 12, Section 35 of the Swedish Land Code and contact the Swedish Tenants’ Association for advice about your situation. Kalmarhem assesses apartment exchanges under the rules of tenancy law.

A safe apartment exchange starts with checking your agreement, explaining your legitimate reasons and waiting for formal approval before moving.