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tenant legislation.
161
possession. The new tenant has the right, however, to obtain possession of one
half of the house-room attached to the land two weeks before the date
mentioned. The state of the land and buildings, etc., shall be examined by means
of inspection (tillträdessyn) carried out before the new tenant enters into
possession, and in the manner fixed for the inspection on the termination of a lease
(avträdessyn). The tenant has the right of enjoying the use of the fields,
meadows, forest-land, buildings and other appurtenances, unless excepted by the
terms of the lease. He has not the right, however, to make use of the forest
products belonging to the land, nor to take peat from peat-bogs forming part of
the land, otherwise than as determined by the lease. Neither may he remove
from the land anything — such as gravel, stone, and the like — which does not
come under the heading of annual produce of the land. The produce returned
by the land can be utilized by the leaseholder, with the exception of that from
the timber; manure, hay, and straw, however, may not be removed from the
land. An exception to this is formed by the hay and straw which remains
unused when a tenant is about to leave, and which the landlord refuses to
purchase from him.
The tenant may not sub-let the land or any part of it to any other person
without the consent of the landlord. If the lease is for a term exceeding twenty
years, however, and should the tenant desire to resign the lease and the
landlord refuse to resume possession on payment of a reasonable sum in
compensation, the tenant has the right to transfer the lease to another person, unless
the landlord can show reasonable grounds for refusing to accept the proposed
new tenant. — The death of the tenant does not render the lease void, but
the tenant’s heirs have the right — if the lease is for a term exceeding twenty
years — to offer to return the property to the landlord, at a period not exceeding
six months after the death of the tenant. Should he refuse to accept, the heirs
can place another, acceptable, person in possession of the land.
The leaseholder is bound to farm the land properly and to take care of, and
keep in proper condition, the houses and other appurtenances, so that nothing
suffers deterioration during his tenancy. The way in which the tenant has
carried out this part of his undertakings shall be investigated by an inspection (see
above) to be made not earlier than six months before the day on which the
tenant is to leave, and not later than six months after this date. The inspectors
shall be two unchallengeable men belonging to the number of the jurats (or
certain other authorities), all of whom shall be chosen within the assize-division
(Sw. tingslag) in which the land in question is situated. During the
inspection, the damage and deterioration is noted and the amount of payment for
the same estimated; the total damage, etc., is termed active dilapidation (Sw.
husröta). If, when the tenant leaves, the dilapidation is more than when he
commenced his tenure, then there exists a surplus of dilapidation (husrötebrist),
which the outgoing tenant has to make good. If, on the other hand, it is less,
the tenant is entitled to compensation for the improvements. The tenant shall
not be entitled to compensation for other improvements, unless in certain
cases, than for new buildings, if the landlord has approved the plans, or if the
building is otherwise shown to be suitable. The tenant, however, shall receive
compensation for the drain-tiles employed for drainage carried out in accordance
with a plan approved of by the landlord. If the outgoing tenant has erected
other buildings than those required of him, or if he has planted trees or bushes,
or in any other special way has expended money on the land, the landlord shall
be invited to purchase the same when the tenant is leaving. Should he refuse
to do so, the tenant may remove the things on which he has spent money, but
if the materials have come from the land, the tenant shall first pay for them.
The land and the buildings affected by the removal of the above extra improve-
11—133179. Sweden. U.
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