Maintenance Obligations for Commercial Properties in Sweden

The primary legislation governing commercial maintenance is the Swedish Land Code (Jordabalk 1970:994), specifically Chapter 12 (commonly known as the Rent Act), which has been in effect since 1 January 1971.

Structuring operations and maintenance responsibilities concerning industrial and commercial premises is among the most heavily negotiated clauses in Swedish property law. According to Chapter 12, Section 9, the landlord must provide the premises on the day of access in a condition that, according to general opinion in the locality, is fully usable for the intended purpose, unless a worse condition has been agreed upon. Section 15 outlines the landlord's obligation to maintain the premises in this condition during the rental period, unless otherwise agreed or if the tenant is responsible for the damage. If the landlord fails to meet these obligations, the tenant has rights such as remedying the defect at the landlord's expense, a reduction in rent, or termination of the agreement if the defect is significant. For commercial leases, parties have significant contractual freedom to agree on maintenance responsibilities, often shifting burdens to the tenant.

Residential vs. Commercial Premises

For privately owned residential apartment buildings rented out (B2C), repairs are handled entirely by the landlord (both internal and external care) covering normal wear and tear. For Commercial Premises, the industry applies massive modifications to this rule. The Landlord (Fastighetsägaren) disclaims responsibility and operational duty related to the "Inner Maintenance" (Inre Underhåll) of the premises space in the vast majority of contracts when a B2B agreement is signed. This is particularly common when retail or specialized businesses build in machinery for which a landlord lacks justifiable operational interest to control.

The Boundary List – The Signature of Swedish Commercial Leasing

The way property owners execute and eliminate ambiguity—regarding who signs off on ventilation filters versus who cools the water dispensers—is called in Swedish legal parlance (via the organization Fastighetsägarna's standardized text): A Boundary List for Building and Installations (Gränsdragningslista för Byggnad och Installationer, GBI).

This attached appendix constitutes a powerful tool. In it, an (F) is distributed for the Landlord (Fastighetsägare) and an (H) for the Tenant (Hyresgäst), breaking down points such as:

• Outer Protective Maintenance (Walls, roof, loading dock, foundation): Unmanageably placed upon the Property Owner (F).
• Heating Media and Main Trunk Connection to Building Body: Mostly (F) Landlord.

• Surface Layers on Inner Walls, ceiling lighting, parquet, specialty glass etc.: Nine times out of ten, this is (H)—the Tenant is entirely responsible for and funds inner maintenance independently.
• Security & Roller Grilles + Specialized Exhaust Fan Hoods: Often (H) Tenant in both operation (repair) and installation (funding the initial insertion).

Restoration Upon Expiration – Waivers on Rebuilding

The second incredibly strong card a landlord often plays in the Swedish environment is the "Restoration Clause" (Återställningsparagrafen). Hand in hand with the massive undertaking and investment by the commercial tenant to build a new break room, an opaque clause often grants the landlord the right to force the company, at the end of the period, to return the interior spaces "to existing new condition," stripped of everything excluding the shell structure—exclusively at the Company's own expense.

Under Chapter 12, Section 26 of the Jordabalk, the landlord has the right to access the premises for necessary supervision or urgent improvement work without delay. For less urgent improvement work, the landlord must provide at least one month's notice, ensuring the tenant is not subjected to greater inconvenience than necessary.

Disputes and Jurisdiction

Disputes regarding maintenance obligations, standard of premises (Chapter 12, Section 9), or the interpretation of boundary lists are primarily handled by Hyresnämnden (The Rent Tribunal). The tribunal serves as a mediation body and also makes decisions on these matters, though certain financial claims or cases of severe breach may proceed to the District Court (Tingsrätten).

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