An apartment swap in Södertälje means that you and another tenant take over each other's leases with the landlord's approval. If the landlord says no, you can instead apply to the rent tribunal (hyresnämnden) for permission, but only if you have considerable reasons and the swap causes no significant inconvenience for the landlord.

A swap is a way to get a new home without starting over in the housing queue. It suits you if you already have a first-hand lease but need something larger, smaller or closer to work or school.

How an apartment swap in Södertälje works

The rules for swaps are in the Tenancy Act, chapter 12 of the Land Code (jordabalken). The main rule in section 32 is that you may not transfer your tenancy without the landlord's consent. A swap therefore requires both landlords to say yes, or the rent tribunal to grant permission.

In practice it usually goes like this:

Find a swap partner. It can be someone in Södertälje, in Järna or in another municipality. Chain swaps with more than two households are also possible.
Agree on the reason. Write clearly why you want to swap, for example that the family has grown, that you got a job elsewhere or that the rent has become too high.
Send a joint application to the landlord. Both parties sign. Attach the certificates the landlord asks for.
Wait for the decision. The landlord assesses the reason and whether the person moving in meets the rental requirements.
Sign new leases and move. Once the swap is approved, the new tenant gets their own lease.

What Telge Bostäder requires for a swap

Telge Bostäder is Södertälje municipality's wholly owned housing company and manages just over 10,000 homes in Södertälje, Järna, Mölnbo, Hölö and Enhörna (Wikipedia). If you live there, the company's own terms apply in addition to the law. According to the company's information on apartment swaps:

The application must state a clear reason and be approved before the swap takes place.
The person taking over the apartment must meet the company's rental requirements, and the company runs a credit check.
Both parties must have lived in their apartment for at least one year.
Swaps apply to apartments, not terraced houses.
The application must be complete and signed with certificates, otherwise it is rejected. Processing time is stated as 12 weeks.

If you rent from a private landlord, ask about their swap routine before promising anything to your swap partner.

If the landlord says no

If you get a no, you can apply to the rent tribunal for permission under chapter 12, section 35 of the Land Code (the law text at the Riksdag). The tribunal grants permission if you have considerable reasons for the swap and it can happen without significant inconvenience for the landlord. The permission can come with conditions.

Three things are worth knowing:

If either of you has lived in your apartment less than one year when applying, only exceptional reasons suffice.
Sublet contracts cannot be swapped. The rule also does not apply to, for example, an apartment rented out by a tenant-owner.
Turning to the rent tribunal is free of charge (Wikipedia on the rent tribunal). The tribunal mediates and rules on disputes under the Tenancy Act.

For help with the application or advice on whether your reason holds up, you can contact Hyresgästföreningen.

Never pay for an apartment swap

It is illegal to demand, accept or promise money for transferring a tenancy. Under chapter 12, section 65 of the Land Code it can lead to up to two years in prison, and up to four years if the offence is gross. If there is reason to believe that money has been asked for or paid, the rent tribunal must also refuse permission for the swap. If someone asks for a "difference" or payment for furniture not worth the amount, walk away.

Old debts and notice period

Once the swap is approved and completed, you are, under chapter 12, section 38, free of liability for the lease you left, for the time after the swap. The person taking over your apartment is only liable for your earlier rent debts if a separate agreement on it has been made with the landlord, and then at most for three calendar months' rent.

A swap is not the same as a termination. If you instead terminate your lease to move, the normal notice period is three months under chapter 12, section 4.

Common questions about apartment swaps in Södertälje

Can I swap from Södertälje to Stockholm? Yes, the law does not prevent swaps between municipalities. Both landlords must approve the swap, however, or the rent tribunal must grant permission.

Does the new tenant need to be in Telge Bostäder's queue? An approved swap happens outside the queue, but the person must meet the company's rental requirements.

Can I swap if I sublet? No. The right to swap applies to those with a first-hand lease.

Apartment swap in Södertälje: rules, application and the rent tribunal