Tenant Legislation.
Tenant Legislation has the same origin as Agricultural Legislation.
'The regulations brought together in the Code of 1734- can, in almost all
their essentials, be traced, not only in the laws of the realm laid down
during the latter part of the Middle Ages, hut also in various provincial
laws. It was, consequently, nothing new that the law of 1734 introduced
’into the Swedish code. It is all the more worthy of note, then, that,
however much agricultural conditions have altered during the period
since 1734, tenant legislation itself did not undergo any essential change
until the enactment of the law of June 14, 1907, respecting the^Iaw jbf
tenant right. If, however, any change in its conditions can be observed
This is due to changes in the way of viewing things, and not least to the
fact that the relations between landlords (lessors) and tenants, which, as
late as 1734, were relations as between master and dependent, have now
become, the crofter-system excepted, purely economic relations between
two contracting parties on the same footing.
The law of 1907 enacted that leases shall be drawn up in writing, unless the lessor
¡and the tenant are both agreed to have a verbal agreement only. For the sake
of security, however, as against a third person, the agreement must be registered,
.and registration is granted by the court on y when the lease is a written one
and witnessed by two persons. The lease shall be for a fixed period or for-, the
tenant’s life-time, but, in the case of an entailed estate, can only be for such
a period as the lessor holds the estate. If the length of the lease is not stated
in the agreement, it shall be considered as being for a period of five years.
The law of June 14, 1907, annulled the previously existing right of ending a
lease by merely giving notice. In place of this, the lawfenters in detail into
all the circumstances that can confer on the landlord the right to end the lease
before the expiration of the stipulated period. The most important of these
circumstances are: delay, exceeding a month, in payment of the rent; neglect of
the land; subletting the lease to a third person without permission; removal ¡.of
■straw or manure from the farm-; damage to land or buildings, etc. In addition,
there are enumerated: illegal shooting or. fishing; illegal sale of spirits, wine or
ale; illegal housing of strangers, etc.
Unless otherwise determined, the rent shall be. paid not later than three months
before the end of each year of the lease. Should the rent be paid in kind, the
tenant cannot be obliged to deliver these products beyond the limits of the land
leased, or o f the mother-estate of which the farm, etc., forms a part. Should
the performance of a certain number of days’ work form part of the rent, and if
it is not stated in the lease at what period of the: year the work is to be done,
the total number of days’ work shall be distributed equally throughout the weeks
of the year, as far as this can be done. Before the beginning of each year of
the lease, the landowner shall inform the tenant of the days when he has to
perform the work. The obligation of -performing the so-called “extra days’ work’
■cannot be legally enforced by the terms of the lease. This provision, therefore,
is the first step made by Swedish legislation towards the systematization and
legalization of the conditions attaching to erofter-holdings.
The land leased shall be taken possession of by the new tenant on March
.14, which, by prescription, is now the legal date for quitting or entering into
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 (tilltradessyn) carried out before the new tenant enters into possession,
and in. the manner fixed for the inspection on the termination of a lease
(avtradessyn). 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. I f 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
thejtenant’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.
kusrota). If, when the tenant leaves, the dilapidation is more than when he
commenced his tenure, then there exists a surplus of dilapidation (husrotebrist),
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
rf 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-
U—13317». Sweden. II.