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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.

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.

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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.

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  • Thank you! The landlord knows that he was renting out to three people. By "party of the original agreement" you mean a sign on the contract? Only F1 signed the contract and actively participated in the writing of the contract.
    – vnjsdbfdkj
    Apr 10, 2020 at 15:50
  • No, I mean all three tenants, who were part of the initial agreement. Degree of involvement in negotiations is not essential to determining whether a person is a party to a contract, though if you or F2 didn't know what was agreed to you might be able to wriggle out of the lease. But clearly all parties knew what was agreed to.
    – user6726
    Apr 10, 2020 at 15:55
  • I understand. So basically the only way to kick F2 out is to somehow convince her to move, right? What if the landlord, if informed of the situation, agrees to help us kick this person out?
    – vnjsdbfdkj
    Apr 10, 2020 at 16:00
  • The problem is that current Swedish law does not provide eviction as a remedy for bad behavior during an epidemic. He could refuse to renew the lease, assuming that you don't have tenure rights to the unit.
    – user6726
    Apr 10, 2020 at 17:11
  • Thank you for the help!
    – vnjsdbfdkj
    Apr 10, 2020 at 17:55

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