contract-law sweden
Sweden, evicting a flatmate whose name is not on the lease
<p>Me and my two flatmates are renting an apartment from our landlord through an agency. The only name on the lease is the one of Flatmate 1: each month we give him the money and he pays the whole rent to the agency. Flatmate 2 has been acting terribly since the start of the pandemic situation and endangering us, for example: going to public places when we asked her not to, not washing hands, taking trips, etc. </p>

<p>Also considering Sweden's response to corona, I am afraid we don't have legal grounds to kick her out. But since her name is not on the lease and it's basically as if Flatmate 1 is letting us stay here, how does it work? Is it legal to just give maybe a two weeks/one month notice to her and tell her to find another place in that time? Or is there a timeline we need to respect to not face legal consequences? Thank you very much.</p>

<p>It does not matter that F2's name is not on the lease, what matters is whether F2 is a party to the original agreement. Whether or not the landlord knew of you and F2 living in the apartment is also immaterial, because while subletting the entire unit requires landlord permission, sharing or renting out a room in an apartment does not. You cannot argue that F2 is trespassing or squatting, so F2 has tenants rights, which are pretty substantial. Under no circumstance can you physically eject the tenant – it requires a length legal process, essentially where the government ejects the tenant if the grounds are sufficient. </p>
