When there are issues with the condominium: forfeiture, forced sale, subletting, fees, and the board – the rules of the Condominium Act and how to defend yourself

This guide is informational. Always verify how the rules apply to your specific case.

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Brief answer

A condominium is a right of use to an apartment that you have through membership in an association – not a rental agreement and not ownership of the walls. It is governed by the Condominium Act and the bylaws, not by Chapter 12 of the Land Code. The right of use can be forfeited (Chapter 7, Section 18) for unpaid annual fees for more than a week, subletting without consent, disturbances and neglect, denied access, crimes, and unauthorized changes – but the law provides safeguards: correction after notice (Section 20), correction before termination (Section 21), minor significance (Section 19), recovery of the fee within three weeks (Section 23) and the association's deadlines of two to three months. After termination, the association can request compulsory sale from the Enforcement Authority (Chapter 8); the surplus is yours. Subletting requires the board's consent or the Rent Tribunal's permission, which should be granted if you have reasons and the association lacks justified grounds to refuse (Sections 10–11). Document the same day, request the board's decision in writing, and do not enter alone.

Condominium owners often believe they are protected by ownership rights and are therefore surprised when the board sends a termination notice. Others believe the board can do whatever it wants and sign anything. The truth is that the Condominium Act provides the association with sharp tools and you with sharp safeguards – and that both sides often know them poorly. This guide is the map: what the association can do, what you can do, and what happens in what order when there are issues.

What distinguishes a cooperative apartment from a rental apartment

Five concepts that must not be confused

Annual fee is not rent. It is determined by the board according to the bylaws to cover the association's costs, is not negotiated with any tenant organization, and cannot be tested against utility value. However, a significant increase gives you the right to withdraw from the cooperative apartment within three months if it is not unreasonable to the association (Chapter 7, Section 17).

The board is not a landlord but manages the association on behalf of the members, bound by law, bylaws, and general meeting decisions. You are a member with voting rights, the right to insight, and the right to challenge decisions.

Internal maintenance is your responsibility: you must keep the apartment in good condition at your own expense – surfaces, appliances, furnishings – while the association is responsible for the building, plumbing, and common lines (Chapter 7, Section 12). The boundary is drawn in the bylaws.

Security of tenure in the sense of the rental law does not exist, as the right of use is unlimited in time as long as you are a member and do not forfeit it. In return, there is no rent tribunal that weighs your need against the association's: forfeiture is tested by the district court and ends in a forced sale.

The Tenants’ Association is not your organization. Advice is available from Bostadsrätterna and HSB/Riksbyggen for affiliated associations (for the association, not always for you as an individual), from lawyers, and through the legal protection in home insurance.

Grounds for forfeiture – Chapter 7, Section 18

The right of use is forfeited, and the association may terminate your lease in nine enumerated cases. Those affecting residence:

Unpaid annual fee or subletting fee more than a week after the due date (point 1 a). The most common ground. Redemption is available – see below.
Subletting without consent or permission (point 2). Saved if you cease as soon as possible after being notified, or apply to the rent tribunal and obtain permission (Section 20).
The apartment is used for another purpose than intended, or you accommodate outsiders so that it causes inconvenience to the association or other members (point 3, compare Sections 6 and 8). Requires notification.
Vermin due to negligence or failure to report (point 4). The association must terminate within three months from knowledge (Section 21).
Neglect or disturbances (point 5, compare Section 9): disturbances that should not reasonably be tolerated, or neglect of health, order, and good condition. Requires notification and for residence notification to the social welfare board before termination (Section 9, second paragraph, Section 20, third paragraph). Exception for particularly serious disturbances, with a copy to the social welfare board.
Refusal of access for the association's inspection or work without valid excuse (point 6, Section 13). The association can also obtain assistance from the Enforcement Authority for access.
Violation of an obligation of particular importance beyond the law (point 7). Three-month grace period. Employment conditions can never be used as a basis (Section 19, third paragraph).
Criminal activity in a significant part of the apartment or temporary sexual relations for compensation (point 8). Two-month grace period, extended upon prosecution (Section 22).
Unauthorized alterations in the apartment – interference with load-bearing structures, lines, significant changes – without the board's permission (point 9, Section 7). Saved if you comply after notification or obtain permission from the rent tribunal afterward (Section 20).

The barriers that protect the right of use

Four barriers in Sections 19–21

Minor significance (Section 19): if what is attributed to you is of minor significance, the right of use is not forfeited. It should be particularly considered if the cause is that a relative subjected you or your household to a crime.
Correction after notice (Section 20): for subletting, use, neglect/disturbance, access, contract terms, and unauthorized changes, you cannot be terminated if you correct yourself as soon as possible after notice. For subletting and changes, it is also sufficient that you apply for and receive permission from the Rent Tribunal as soon as possible.
Correction before termination (Section 21, first paragraph): even without notice, you cannot be separated from the apartment if you have corrected yourself before the association has terminated – except in cases of particularly serious disturbances.
Association's deadlines (Section 21, second paragraph, Section 22): the association must terminate within three months from knowledge in cases of vermin and contract terms, give notice within two months for subletting and unauthorized changes, and terminate within two months in cases of criminal activity. A board that has “known for a long time” has often exhausted the grounds.

Unpaid annual fee – recovery within three weeks

Chapter 7, Section 23 – the same clock as in tenancy rights

If the association has terminated you for unpaid annual fees, you cannot be separated from the apartment if you pay the fee within three weeks from being served a notice about the possibility of reclaiming the apartment and the association has notified the social welfare board of the termination. A decision on eviction can be made at the earliest on the third weekday after the deadline. If you were prevented by illness or similar and pay as soon as possible, at the latest when the eviction dispute is decided in the first instance, the apartment is also saved. Exception: if you have repeatedly paid late so that you have neglected your obligations to such an extent that you reasonably should not be allowed to keep the apartment, recovery does not apply (Section 23, third paragraph). Direct debit is cheaper than a forced sale.

The association has a lien on the cooperative apartment for its fee claims (Section 16 a), with priority over the bank for up to one year's fees if the association has notified the pledgee. This means that an unpaid fee follows the cooperative apartment and is taken from the sale before the loan. Notification to the bank is also a signal: if you receive a copy that the association has notified your bank of an unpaid fee, the forfeiture process is underway.

Subletting after 2026

You may sublet the apartment for independent use only with the board's consent (Section 10). If you do not use the apartment as a permanent residence or to a significant extent, each subletting is considered independent. If the board says no, the Rent Tribunal can grant permission, and must do so if you have reasons for the subletting and the association lacks justified reason to refuse (Section 11). The threshold “reasons” is lower than the tenancy's “notable reasons”: work or studies in another location, trial cohabitation, illness, a longer stay abroad, difficulty selling the apartment, wanting to wait with the sale after a move, buying for a relative who will live there later – all have been accepted. Since July 1, 2026 previous sublettings will only be considered if they have occurred to a significant extent – renting out a year earlier is therefore no longer a reason for refusal. The permission is time-limited, often to one year, and can be subject to conditions.

The association may charge a subletting fee if the statutes allow it, up to ten percent of the price base amount per year (Section 14).
The person renting from you does so according to the Private Subletting Act (agreements from July 1, 2026) or the older law on renting one's own residence: no security of tenure, agreed rent, three months' notice period. Read subletting for the tenancy's rules and differences.
Unauthorized subletting is grounds for forfeiture, but is remedied if you cease after being notified or apply for and receive permission (Section 20). The board must give notice within two months from knowledge (Section 21).
Lodger – you remain living there – requires no consent as long as it does not cause harm to the association or other members (Section 8).

Renovation and changes in the apartment

You may paint, wallpaper, replace the kitchen, and do things that do not affect the building without asking. The board's permission is required for interventions in load-bearing structures, changes to existing pipes for sewage, heating, gas, or water, installation or alteration of devices for ventilation, fireplaces, or chimneys, and other significant changes – including measures affecting cultural-historical value (Section 7). The board may only refuse if the measure is to significant damage or inconvenience for the association; a refusal can be reviewed by the Rent Tribunal. Since 2023, unauthorized changes are a separate ground for forfeiture (Section 18, 9), but you are remedied by correction after notification or permission in retrospect from the tribunal. The association may also remedy deficiencies at your expense if safety or others' property is threatened and you do not act after being prompted (Section 12 a). Ask in writing before any intervention concerning walls, floor drains, or pipes, and save the response.

Forced sale – what happens after termination

If the association terminates your contract for relocation, you must move under certain conditions immediately (unpaid fees without recovery, pests, neglect/disturbance, crime) and in other cases by the end of the month three months after termination (subletting, usage, contract terms, unauthorized changes) (Section 24). If you dispute, it becomes a case of eviction in the district court, or an enforcement order with the Swedish Enforcement Authority, which you can dispute in the same way as a tenant – read eviction and the Swedish Enforcement Authority. When you are obliged to move, the association can apply for forced sale with the Swedish Enforcement Authority (Chapter 8, Section 1), which sells the condominium at public auction or privately according to the rules for movable property. From the purchase price, the costs of the proceedings, the association's claims, and mortgage holders are paid; the surplus accrues to you. You thus lose the residence and control over the sale, not the value – but a forced sale rarely yields market price. If you have the opportunity to sell yourself during the termination period, it is almost always better.

Your rights against the board

What you can demand and do

Written decisions with justification: warnings, denied consent, denied permission for changes, termination. The board is obliged to act according to the statutes and the law, and decisions must be reviewable.
Transparency: statutes, annual reports, meeting minutes, and board decisions that concern you. The membership register and apartment register must be made available (Chapter 9, Sections 8–10).
The general meeting: right to propose motions, voting rights, right to request an extraordinary meeting together with one-tenth of the members. Decisions that violate the law or statutes can be challenged in the district court within three months (Chapter 9, Section 14 with reference to the Act on Economic Associations).
The Rent Tribunal examines subletting permits (Chapter 7, Section 11), permits for changes (Section 7), charging points (Section 9a), membership disputes upon transfer (Chapter 2, Section 10), and approves certain meeting decisions on changes to apartments (Chapter 9, Section 16). Applications are free of charge.
The auditors review the board's management; suspected irregularities go there and to the general meeting.
Conflict of interest: a board member may not participate in decisions concerning themselves or relatives – including the neighbor on the board who complains about you.
Damages: board members can be personally liable for damage they cause to the association or a member through violation of law or statutes (Act on Economic Associations, Chapter 21).

Do this when the board calls

Same day

Write the timeline: who, when, what was said, what you were asked to sign. Email it to yourself.
Secure the statutes, latest annual report, fee notices with payment confirmations, any consents for subletting or changes, and meeting minutes.
Request the board's notice, complaint, and decision in writing with the date and the provision the board relies on.
Sort the basis: fee, subletting, disturbance, change, access? Check which restriction applies and if the association's deadline has passed.
Take corrective action where possible – pay, end the subletting, seek permission from the rent tribunal – and document the date. Correction before termination saves the right of use.
Do not enter the board meeting alone. Bring a member, a representative, or a lawyer. Do not sign acknowledgments or waivers.
Check the legal protection in your home insurance and book a lawyer if termination is mentioned.
If you receive a termination: check the service and deadlines, dispute in writing, and consider selling yourself instead of waiting for a forced sale.

Template Template: response to the board on notice

To: The Board of Brf [name]
Subject: Response to letter dated [date], apartment [number]

I have on [date] taken note of the board's letter regarding [alleged disturbance / subletting / unpaid fee / change in the apartment].

I request that the board specifies in writing
1. the specific circumstances referred to (dates, events, who observed them),
2. which provision in the Condominium Act or statutes is invoked,
3. when the board became aware of the situation,
4. whether notification to the social welfare committee has been made (in case of disturbances).

My position: [dispute – with reasons / have taken corrective action on [date] by … / have on [date] applied for permission from the rent tribunal].

I request that this response be recorded in the board's minutes and that all further communications in the matter be provided in writing.

[Name, date, apartment number]

Read the equivalents in tenancy law to understand the differences: when it cracks in tenancy law, notice to remedy and subletting. If the Enforcement Authority gets involved: eviction.

Frequently Asked Questions

Can the board evict me?

The board can terminate your occupancy if the right of use is forfeited according to Chapter 7, Section 18, with the applicable restrictions. If you dispute, the matter is tried in the district court. Only when you are obliged to move can the association request a forced sale from the Enforcement Authority. No one can change locks or remove you without the Enforcement Authority.

The neighbor on the board complains about me and is present when the decision is made. Is that allowed?

No. A member with a personal interest in the matter is disqualified and should not participate in the handling or decision. Point this out in writing, request that it be recorded in the minutes, and that the decision be made without that member. A decision made by a disqualified member can be challenged.

Can I rent out while studying in another city?

With the board's consent, otherwise with the Rent Tribunal's permission – which should be granted if you have a reason (studies in another location qualify) and the association lacks a justified reason to refuse. Since 2026, previous rentals only matter if they have been significant. The permission is time-limited. Obtain the decision before anyone moves in; unauthorized renting is grounds for forfeiture.

The board has increased the fee by 30 percent. Can I do anything?

The fee is determined by the board according to the bylaws and cannot be reviewed as a rent. You can request documentation, raise it at the meeting, and change the board. If the increase is substantial, you can withdraw from the cooperative apartment within three months if it is not unreasonable to the association (Chapter 7, Section 17) – but this means leaving without selling, so it is rarely a good option. Instead, sell if you do not wish to stay.

Is Hyresgästföreningen's Whistlelink the way to address my board?

No. That channel is internal to Hyresgästföreningen. Misconduct in a housing cooperative is addressed via the meeting, auditors, challenge in district court, Bolagsverket (registry issues), DO in cases of discrimination, or the police in cases of crime. Read Whistlelink to understand what it is not.

Sources

The guide is general information about applicable rules, not advice on your case. Cooperative housing is governed by the Cooperative Housing Act and the bylaws, not by the Tenancy Act. Legal status checked on September 25, 2026.

For those reading under stress

The guide is intended as support when you already have a lot on your mind. You don't need to read everything at once: start with the section that matches where you are today and return when the next step becomes relevant.

Matters with authorities rarely improve by handling everything alone. Ask for help from a support person, lawyer, or relative if you can – especially before decisions with long-term effects.

Common mistakes that make the case more difficult

Relying only on verbal promises without a brief written confirmation or follow-up email.
Waiting to request documents until the conflict is already locked – then it becomes harder to show what was said.
Writing so long and emotionally that the authority stops responding to the substantive issue.
Missing deadlines for reconsideration or appeal because the decision was not read verbatim.

Mini-checklist before you leave the guide

Do I have the date, diary/case number, and the name of the person handling the case (if you know)?
Do I know what the next step is: respond, request, remind, appeal, or report?
Have I saved emails and attachments in a place where I can find them in a week?

When there are issues with the condominium: forfeiture, forced sale, subletting, fees, and the board – the rules of the Condominium Act and how to defend yourself

Tenant-ownership: a separate track, not a tenancy