Depositionens plats inom hyreslagstiftningen En komparativ studie av svensk och dansk reglering av hyresrättsliga depositioner som säkerhet

Sammanfattning: This thesis examines and compares how Sweden and Denmark regulate rental security deposits as a safeguard against tenants’ neglect of their duty of care. Additionally, there is an assessment of whether there is reason to revise Sweden’s regulations considering Denmark’s approach. Landlords in both Denmark and Sweden use security deposits as a tool to protect themselves against the economic damage that can be caused by the tenant’s neglect of the duty of care. Contract law principles are also central in both jurisdictions regarding the interpretation of deposit conditions. In Sweden, there are no rental law provisions in Chapter 12 of the Land Code (JB) that regulate deposits as security, which is why they are regulated via the Contracts Act and through rental legal principles. Legality is assessed through a reasonability assessment on a case-by case basis, based on good rental practice and other circumstances of the contract. This creates a flexible but unpredictable situation where contractual freedom is significant. A lack of precedent further exacerbates the unpredictability of the regulation. In contrast, Denmark provides more detailed legislation through their Rental Act (lejeloven). The act limits deposits to a maximum of three months’ rent and ensures that provisions regarding deposits cannot be contracted away to the disadvantage of the tenant. This creates predictability for both landlords and tenants but limits the freedom of contract in the contractual relationship. In light of Denmark’s more detailed regulation and protection of the tenant as a consumer, it appears that Sweden could benefit from revising its regulation of rental security deposits. Such a legislative change could lead to a better balance between the parties’ interests. Since the parties cannot be considered equals in the contractual relationship, the significant freedom of contract does not serve the balance of interests. By enacting legislation that specifically addresses the design of deposit conditions and acknowledges the tenant as a consumer, Sweden could enable a more balanced dynamic between contracting parties. Such a change would not only balance the interests better, but also enhance the predictability of regulations concerning security deposits.