When does a house count as real property in a rental?

Understanding the difference between real property and movable property is important when renting out a house. This distinction affects both the landlord’s and the tenant’s rights and responsibilities. In this article, we explain what is classified as real property when renting out a house and how this affects the rental process.

Quote:
"With proper documentation of the property’s condition, both the landlord and the tenant protect their rights."

Real property is defined in Swedish law as land, which includes the ground itself and everything permanently connected to it, such as buildings and fixed installations. When renting out a house, real property includes the building and all permanent fixtures, such as kitchen cabinets, bathroom fittings and built-in appliances. These components are considered part of the property and are therefore included in the rental.

Movable property includes items that are not considered part of the real property, such as furniture, electronics and personal belongings. When renting out a house, distinguishing between these categories is important because it affects what is included in the rental agreement and who is responsible for what. The landlord is responsible for maintaining real property, while the tenant typically takes care of their own movable belongings.

As a tenant, you have a duty of care for the real property in the home. This means you must use the property responsibly and avoid causing damage to permanent fixtures and installations. If damage occurs due to negligence, you may be liable to compensate the landlord for repairs.

The landlord, on the other hand, is responsible for maintenance and repairs of real property that deteriorates through normal wear or age. This makes it important to report any issues or defects to the landlord promptly.

When renting out a furnished house, it is especially important to have clear agreements and rules. In addition to the real property that is always included, all movable items left in the home must be clearly listed. The best way to do this is through a detailed inventory list that describes all furniture and other belongings included in the rental.

An inventory list protects both the landlord and the tenant from misunderstandings or conflicts, especially concerning damage or missing items. A thorough inspection at both move-in and move-out is strongly recommended to ensure everything remains in its original condition.

Documenting the condition of the real property is an essential part of the rental process. This includes noting the condition of fixed installations such as kitchen fittings, bathroom fixtures and other permanent elements.

A written inspection, preferably supported by photos, can help prevent future disputes about responsibility for damages. It is also wise to include a detailed description of the property’s standard in the rental agreement, giving both landlord and tenant a clear reference.