# Rental Rules for Cohabitation: What Applies to You?

*8 juni 2026*

> Living together as cohabitants involves specific rental rules. This guide clarifies what applies regarding rental contracts, responsibilities, and protection during separation for cohabitants in Sweden.

Moving in together is a significant step, and when it comes to housing, many questions can arise regarding rental agreements and rights. For cohabitants, specific rental rules apply that are important to be aware of to avoid misunderstandings and future problems. This article aims to provide a clear overview of what applies when you share a home with your partner.

## Joint Rental Contract or Individual?

When cohabitants move into a rental apartment, there are fundamentally two scenarios: either a joint rental contract is signed, or only one of the cohabitants is listed as the contract holder.

### Joint Rental Contract

A joint rental contract means that both cohabitants are listed as legal tenants by the landlord. Both parties then have equal rights and obligations under the agreement. This is often the simplest solution from a legal perspective, as both have the right to live in the apartment and both are jointly and severally liable for the rent and any damages. If one of the cohabitants wishes to move out, both parties must agree on how the contract will be handled. Often, the landlord's approval is required to transfer the rental contract to the remaining cohabitant.

### Individual Rental Contract

If only one of the cohabitants is on the rental contract, only that person has a legal agreement with the landlord. The other cohabitant then has no formal right to live in the apartment. This can create problems if the relationship ends. The cohabitant not on the contract may have to move out if the contract holder terminates the agreement or wants the other person to leave. However, it is possible for the contract-holding cohabitant to transfer the rental contract to their partner, but this always requires the landlord's approval.

## Obligations and Responsibilities as Cohabitants

Regardless of whether you have a joint or individual contract, it is important to understand the obligations that come with living together.

### Payment Responsibility

With a joint contract, both cohabitants are jointly and severally liable for the rent. This means the landlord can demand the full rent from either party, even if you have agreed to split it in a certain way between yourselves. If one of you does not pay their share, the other may be liable to pay the entire amount to avoid rent arrears.

### Damages and Maintenance

Both cohabitants can be held responsible for damages that occur in the apartment during their tenancy, regardless of who caused the damage. This is especially true with a joint contract. It is therefore important to jointly take responsibility for the apartment's condition and to follow the landlord's rules for maintenance.

## Protection During Separation

A separation can be a sensitive time, and rental law issues can further complicate the situation. The extent of protection largely depends on how the rental agreement is structured.

### If You Have a Joint Contract

In a separation where you have a joint rental contract, you must agree on who will stay. If you cannot agree, a court can decide the matter, but this is uncommon and usually only occurs if there are specific reasons. It is more common for the person who wants to stay to apply to take over the entire contract. This requires the landlord's approval. If neither of you can or wants to take over the contract, you may need to terminate it jointly and move out.

### If Only One Cohabitant is on the Contract

If only one cohabitant is on the contract, the person not on the contract has no legal protection to remain. The contract-holding cohabitant can terminate the agreement, and the other person must move out. However, there are exceptions. If the non-contract-holding cohabitant has strong reasons to stay, for example, if they have custody of joint children living in the apartment, the situation can become more complicated. In such cases, seeking legal advice may be wise. Transferring the rental contract to the cohabitant not on it can be a solution, but again, this requires the landlord's approval.

## Considerations for Moving In and Out

To avoid future conflicts, it is wise to have an open dialogue about the housing situation from the beginning.

### Agreement on Termination

It can be a good idea to discuss and possibly write down at the time of moving in how you would handle a separation and what happens to the rental contract. Although such a private agreement is not legally binding on the landlord, it can facilitate any disputes between you.

### Notification to the Landlord

If a cohabitant moves out, regardless of whether you have a joint or individual contract, it is important to inform the landlord about the situation, especially if the person moving out is on the contract. This is to avoid misunderstandings regarding payment responsibility and future communication.

### Frequently Asked Questions about Rental Rules for Cohabitation

#### Can I transfer my rental contract to my cohabitant?

Yes, it is possible to transfer a rental contract to your cohabitant, but it always requires the landlord's approval. The landlord will assess the new tenant independently.

#### What happens to the rental contract if we separate and only one person is on it?

If only one cohabitant is on the contract, the person not on the contract has no formal right to remain. The contract-holding cohabitant can terminate the agreement, and the other person must move out.

#### Are we both obligated to pay the rent on a joint contract?

Yes, with a joint rental contract, you are both jointly and severally liable for the entire rent. The landlord can demand the full amount from either party.

#### Can I move in with my cohabitant if I'm not on the contract?

Formally, you have no right to live there if you are not on the contract, but many landlords accept a cohabitant moving in as a subtenant or having the contract re-written. It is important to have a dialogue with the landlord.

#### What is the difference between cohabitants and married couples regarding rental rights?

Cohabitants generally do not have the same automatic protection as married spouses during separation regarding, for example, the residence. In marriage, a division of assets can include a joint rental property. For cohabitants, this is primarily governed by the rental agreement and any agreements between yourselves.