Can the Co-op Board in Swedish Apartment Buildings Veto Sublets?
Unfortunately, the co-op board (bostadsrättsföreningen) still has the right to veto your sublet unless you can demonstrate valid reasons for your sublet, like working in another city. There was much hope, and certain misconception on the market, that the law that was passed 2014 would prevent the boards from not allowing sublets.
The issue was tried in a highly publicized case in the rent tribune (hyresnämnden) after the new law of 2014. The case was an owner on Södermalm that continuously sublet their apartment on Airbnb. The rent tribune ruled that this would be considered a hotel type of operation and that the co-op board has a valid reason not approving such sublets. Unfortunately, this ruling gave a lot of other boards more confidence to veto sublets and we now see quite a bit of cases going up in the rent tribune and the owner losing their case.
We have looked at numerous cases since the ruling 2014 and have found, to our surprise, that Hyresnämnden have been quite conservative in ruling against the bostadsrättsförening when it comes to disputes of subletting. Quite a few cases in which the owner of the apartment studied or worked in another city was only granted permission to sublet their property for two years. Beyond that period, Hyresnämnden tended to say that bostadsrättsförening was in the right to say no to subletting. We believe that many bostadsrättsföreningar have gotten cold feet regarding subletting due to media outlets sharing stories about hotel like subletting (Airbnb) that have resulted in organized crime and destroyed property. Very unfortunate, in our opinion, as this prevents many solid sublets and again limits mobility and availability of rentals in Sweden.