Chapter 1
Scope, etc.
Scope
§ 1
The Act applies to the rental, including subletting, of houses or rooms, regardless of whether the tenant is an individual or a business entity (legal person).
Stk. 2.The Act applies even if the rent is to be paid with something other than money, including work.
Stk. 3.Except for § 17, the Act does not apply to agreements for the rental of housing with full board, agreements between a hotel and its guests, and rental arrangements for residential apartments and other living spaces, including summer houses, allotment garden houses, and other holiday homes, which are rented for vacation and recreational purposes.
Stk. 4.The Act also applies to the rental of unsupported private care homes, subject to § 1, of the Commercial Lease Act. However, §§ 7 and 9, chapter 3, § 53, stk. 2, §§ 105-107, 109, 113, 119-121, 123, § 127, stk. 3, § 135, and chapter 24 do not apply to unsupported private care homes.
Stk. 5.Unsupported private care homes, as referred to in stk. 4, are former institutional places in nursing homes and sheltered housing that, as of December 31, 2002, were covered by § 140 of the Social Services Act, and which the municipal council has converted into unsupported private care homes.
§ 2
The Act does not apply to the extent that the tenancy is governed by special rules in other legislation.
Stk. 2.The Act does not apply to the extent that the tenancy is part of an employment relationship with the state or an institution subsidized by the state, when salary and other employment terms are approved by the state. The Act also does not apply to tenancies that are part of an employment relationship with a region or municipality or with a self-governing institution with which a region or municipality has entered into an agreement regarding the operation of the institution, when salary and other employment terms are approved by the Municipal Salary Board or agreed with or determined by the Regional Salary and Tariff Board.
Stk. 3.Except for § 196, the Act does not apply to the rental of housing covered by § 1 of the Act on the Rental of Public Housing.
Stk. 4.The Act does not apply to tenancies concerning premises rented for the operation of free nursing homes, cf. § 11, in the Act on Free Nursing Homes.
Stk. 5.The Act does not apply to tenancies covered by the Commercial Tenancy Act.
§ 3
The provisions of this Act concerning residential apartments also apply when an apartment is rented along with premises for purposes other than residence. Except for § 129, chapters 3-5 and §§ 105-107 and 127-130 do not apply to premises covered by § 1, of the Commercial Lease Act.
Regulated Municipalities
§ 4
In regulated municipalities, this refers to municipalities where the previous rules on rent regulation in Chapters II-V of the Act on Temporary Regulation of Housing Conditions, cf. Consolidation Act No. 929 of 4 September 2019 with subsequent amendments, were applicable. Regulated municipalities also refer to those where the municipal council has decided that the municipality should be regulated, cf. subsection 2.
Stk. 2.The municipal council may, considering the housing conditions, determine that the municipality should be regulated. In regulated municipalities, the municipal council may decide that the municipality should no longer be regulated.
Publication of the Municipal Council's Decisions
§ 5
Decisions made by the municipal council pursuant to § 4, must be published in the Statstidende and otherwise in the manner customary in the municipality. Unless otherwise expressly stated in the decision, it takes effect from the date of the issue of the Statstidende in which it is published.
Rent Regulation, etc., in Regulated Municipalities
§ 6
§ 9, chapter 3, §§ 62, 105-107, 109 and 113, § 115, subsection 2, §§ 119-123, § 127, subsection 3, and § 135 apply solely to tenancies in properties located in regulated municipalities, subject to subsections 2-4 and § 7, subsection 3. §§ 42-45, 49-51, and 53 do not apply to tenancies in properties covered by the first sentence.
Stk. 2.Tenancies in properties located in regulated municipalities where more than 80% of the property's gross floor area was used for purposes other than residential on January 1, 1980, are not covered by subsection 1. However, for these tenancies, §§ 33-36 apply.
Stk. 3.Tenancies for individual rooms for residential purposes in properties located in regulated municipalities, where the rooms are part of the landlord's residential apartment or part of a one- or two-family house occupied by the landlord, are not covered by subsection 1. However, for these tenancies, §§ 33-36 and 40 apply.
Stk. 4.Tenancies in properties owned by a self-governing institution at the time of the lease agreement, where the dwellings were constructed under the previously applicable law on housing for the elderly and persons with disabilities, cf. Consolidated Act No. 316 of April 24, 1996, with later amendments, the previously applicable law on housing construction, cf. Consolidated Act No. 722 of August 1, 1996, with later amendments, or the law on public housing, etc., are not covered by subsection 1.
Rent Regulation for Smaller Properties in Regulated Municipalities
§ 7
§ 32 applies solely to tenancies in properties located in regulated municipalities that, as of January 1, 1995, comprised six or fewer residential apartments. In properties located in regulated municipalities and owned by cooperative housing associations, § 32 applies if there are six or fewer residential apartments rented out by the cooperative housing association.
Stk. 2.In properties located in regulated municipalities and constructed after January 1, 1995, § 32 applies if the property comprised six or fewer residential apartments when it was first occupied.
Stk. 3.Tenancies in properties covered by subsections 1 and 2 are not subject to § 6, subsection 1. However, for leases in these properties, §§ 9 and 33-36, § 38, subsection 3, and § 40 apply. Additionally, for leases in these properties, §§ 105, 106, and 109 apply if, at the time of notification of the implementation of improvements, the property comprises four or more residential apartments, unless the property is located in a rural zone and is simultaneously an agricultural or forestry property.
Property Concepts
§ 8
In this Act, a property is understood as follows, cf. however § 9:
1)A cadastral number.
2)Multiple cadastral numbers that, according to the registration in the cadastre, must be kept united.
3)An owner-occupied apartment.
4)A building on leased land that has its own property sheet in the land register.
§ 9
Multiple properties owned by the same owner, constructed continuously as a single development, and having shared open areas or any form of operational community, are considered as one property. The same applies where multiple properties are jointly assessed or jointly registered in the land register. Similarly, several condominiums under the same owners' association and owned by the same landlord are considered as one property. The 1st-3rd sentences apply when using the following rules:
1)Chapter 3 on cost-based rent, § 7 on rent regulation for smaller properties in regulated municipalities, § 62 on illegal collection of deposit and prepaid rent, §§ 105-107 and 109 on the initiation of works, and § 161 on the tenant's right to exchange.
2)§ 113, § 115, subsection 2, §§ 119-123, and § 60 in the Housing Act regarding the property's external maintenance and maintenance plan.
3)Chapter 5 on free rent and Chapter 14 on improvement works, when the property is covered by § 6, subsection 1.
Deviations
§ 10
This chapter cannot be deviated from by agreement.
Chapter 2
The Tenancy Agreement
Form and Content of the Lease Agreement
§ 11
A lease agreement and other agreements regarding the leased property must be made in writing if one of the parties demands it.
Stk. 2.A lease agreement is considered to be made on the terms of the law, to the extent that nothing else is expressly stipulated in the agreement.
Stk. 3.If the rent amount is not agreed upon, it is deemed to be the amount that is reasonable considering the rules in chapter 3 or the rules regarding the value of the leased property, cf. § 42 and 3, or § 43.
Stk. 4.If the landlord wishes to charge a rent where the yield is calculated according to § 25, the lease agreement must state when the agreed rent was last set according to § 23, and the agreement must approximately indicate the maximum rent that can be calculated for the tenancy at the time of the lease agreement's conclusion. It must also state whether the agreed rent is reduced pursuant to § 23.
Stk. 5.For lease agreements subject to the landlord's decision on regulation according to the net price index, cf. § 26, and which are entered into after the landlord has made such a decision, the lease agreement must state that the rent is regulated according to the net price index, and it must also state when the 2-year period mentioned in § 26 expires.
§ 12
It must be explicitly stated in the lease agreement if a tenancy has been renovated under the following rules:
1)The former applicable law on private urban renewal, cf. Consolidated Act No. 49 of February 1, 1996, with subsequent amendments, and where the rent increase is calculated according to the same law.
2)Chapter 5 on agreed housing improvements in the former applicable law on urban renewal, cf. Consolidated Act No. 260 of April 7, 2003, and where the rent increase is calculated according to the same law.
3)The former applicable Chapter 6 a on agreed green urban renewal in the Act on Urban Renewal and Development of Cities, cf. Consolidated Act No. 144 of February 21, 2020, and where the rent increase is calculated according to § 58 a in the former applicable Rent Act, cf. Consolidated Act No. 927 of September 4, 2019.
Stk. 2.If subsidies are granted under the laws mentioned in subsection 1 to reduce the rent increase for the tenancy, it must be explicitly stated in the lease agreement the amount of the subsidy granted for each payment term throughout the subsidy period.
Stk. 3.If the landlord has wholly or partially failed to provide the information mentioned in subsections 1 and 2, no rent increase can be charged according to the special rules in the former applicable law on private urban renewal, cf. Consolidated Act No. 49 of February 1, 1996, with subsequent amendments, in Chapter 5 of the former applicable law on urban renewal, cf. Consolidated Act No. 260 of April 7, 2003, with subsequent amendments, or in § 58 a of the former applicable Rent Act, cf. Consolidated Act No. 927 of September 4, 2019. If a rent increase has been charged despite the lack of information, the tenant can demand the rent increase to be refunded. § 15, subsection 3, 2nd and 3rd sentences, apply correspondingly.
Digital Communication
§ 13
The landlord or tenant may, with one month's notice to the first day of a month that is not a public holiday, demand that notifications are not delivered as digital documents. If the tenant or landlord is exempt from Digital Post, cf. § 5 of the Act on Digital Post from Public Senders, notifications cannot be delivered as digital documents.
Stk. 2.Notifications pursuant to § 176 and § 182, cannot be delivered as digital documents.
Forms
§ 14
Standard forms may only be used when entering into rental agreements for residential apartments or individual rooms if they are authorized by agreement between nationwide associations of property owners' associations and tenants' associations or by the Minister for the Interior and Housing.
Stk. 2.A form is understood to be a written rental agreement containing rental terms suitable for use with multiple tenants and presented in such a way that the tenant perceives them as standardized.
Stk. 3.If a form that is not authorized is used, provisions imposing greater obligations on the tenant or granting the tenant fewer rights than specified in the law are invalid.
Stk. 4.The Minister for the Interior and Housing, after consultation with nationwide associations of property owners' associations and tenants' associations, establishes detailed rules for the preparation of authorized standard forms for rental agreements.
Finder's Fee
§ 15
It is not permitted to receive or demand compensation from the tenant or require the tenant to enter into any other legal transaction that is not part of the lease agreement when renting for residential purposes or facilitating or exchanging such rental agreements.
Stk. 2.The provision in subsection 1 does not include compensation for the transfer of a business or compensation for facilitating the transfer.
Stk. 3.Amounts paid in violation of subsection 1 may be reclaimed. The amount accrues interest from the due date at an annual rate corresponding to the rate set under § 5, subsections 1 and 2, of the Interest Act. When special circumstances justify it, the housing court may determine that a higher or lower interest rate should be paid.
Stk. 4.Violation of subsection 1 is punishable by a fine or imprisonment for up to 4 months, unless a higher penalty is warranted under other legislation.
Stk. 5.Companies, etc. (legal entities) may be held criminally liable under the rules in Chapter 5 of the Penal Code.
§ 16
Landlords are not permitted to offer tenants payment or any other form of compensation with the purpose of persuading the tenant to terminate the tenancy.
Stk. 2.The tenant may demand that a tenancy terminated as a result of payment made in violation of subsection 1 be reinstated under unchanged terms. Reinstated tenancies are considered to have commenced at the time the terminated tenancy was originally entered into.
Stk. 3.Payments made in violation of subsection 1 cannot be reclaimed.
Stk. 4.Violation of subsection 1 is punishable by a fine or imprisonment for up to 4 months, unless a higher penalty is warranted under other legislation.
Stk. 5.Companies, etc. (legal entities) may be held criminally liable according to the rules in Chapter 5 of the Penal Code.
Protection of the Tenant's Rights
§ 17
The tenant's rights under the provisions of this Act are valid against anyone without registration. The same applies to agreements on advance payment of rent, deposits, security deposits, etc., when these amounts do not exceed ½ year's rent in total.
Stk. 2.Upon termination of the tenancy, the tenant's claims under subsection 1 must be asserted by filing a lawsuit within 1 year from the termination date, if they are to be enforceable against an owner other than the one who owned the property when the claim arose.
Stk. 3.A tenant who has acquired extended rights by agreement, such as agreed non-terminability or the right of transfer, may require the agreement to be registered according to the Registration Act.
Deviations
§ 18
This chapter, except for § 17, cannot be deviated from by agreement to the detriment of the tenant.
Chapter 3
Cost-Determined Rent, etc.
Rent determination at the commencement of the tenancy agreement
§ 19
At the time of entering into the lease agreement, the rent must not be set at an amount exceeding what can cover the property's necessary operating expenses, cf. § 24, and the return on the property's value, cf. § 25. For tenancies that have been improved, a calculated improvement increase may be added to the rent as per the first sentence, subject to subsection 2.
Stk. 2.At the time of entering into the lease agreement, the rent for tenancies that have been comprehensively improved must not be set at an amount exceeding the rental value according to § 42, subsections 2 and 3, subject to subsections 3-6, § 21, subsection 1, and § 161, subsection 3. A tenancy is considered comprehensively improved if improvements according to the principles in § 128 have significantly increased the rental value, and the improvement cost either exceeds 2,280 DKK per m² or a total amount of 260,738 DKK. Improvements must be completed within a period of 2 years and must not be covered by § 129, subsection 1, in the previously applicable law on renovation, cf. Consolidated Act No. 385 of 4 August 1983, the previously applicable law on urban renewal and housing improvement, cf. Consolidated Act No. 820 of 15 September 1994 with subsequent amendments, the previously applicable law on private urban renewal, cf. Consolidated Act No. 49 of 1 February 1996 with subsequent amendments, the previously applicable law on urban renewal, cf. Consolidated Act No. 260 of 7 April 2003 with subsequent amendments, and the law on urban renewal and city development. The amounts in the second sentence are set at the 2021 level and are adjusted annually, cf. § 204, subsection 1. Upon re-letting, the amounts applicable at the time of the improvements are used.
Stk. 3.Before a tenancy can be comprehensively improved as per subsection 2, the rent tribunal must, through inspection, ascertain that the tenancy is in a condition that allows for a significant increase in rental value at the time of inspection. The rent tribunal must conduct the inspection within 4 weeks of receiving the request. The tribunal must send its decision to the landlord no later than 2 weeks after the inspection. The decision is valid for 3 years.
Stk. 4.Subsection 2 only applies if at least 5 years have passed since the last control change regarding the tenancy or the property in which the tenancy is included. A control change occurs in the following situations:
1)One or more physical or legal persons acquire by agreement, gift, or enforcement of a pledge or other security, or otherwise, at least 50% of the ownership share of the tenancy or the property in which the tenancy is included.
2)A direct or indirect transfer or assignment of controlling influence over the legal entity or entities owning the tenancy or the property in which the tenancy is included.
3)A change of at least 50% of the actual ownership of the legal entity or entities owning the tenancy or the property in which the tenancy is included.
4)A direct or indirect transfer or assignment of the right to at least 50% of the economic return from the tenancy, the property in which the tenancy is included, or the legal entities that directly or indirectly own the tenancy or the property in which the tenancy is included.
5)A direct or indirect transfer or assignment of the right to at least 50% of an increase in value of the tenancy, the property in which the tenancy is included, or the legal entities that directly or indirectly own the tenancy or the property in which the tenancy is included.
6)The conclusion or assignment of one or more agreements that one or more parties have the right to carry out a transfer or transition that would constitute a control change under items 1-5 if the agreement(s) were executed either alone or in conjunction with an already executed disposition.
7)The conclusion or assignment of a conditional agreement on deferred direct or indirect transfer of the tenancy or the property in which the tenancy is included, if the execution of the conditional agreement would entail a control change under items 1-6.
8)The execution of one or more dispositions not covered by items 1-7, but which achieve a similar effect.
Stk. 5.The following situations are not covered by subsection 4:
1)Leasing and re-leasing of tenancies that before 1 July 2020 met the conditions for leasing under § 5, subsection 2, of the previously applicable law on temporary regulation of housing conditions, cf. Consolidated Act No. 929 of 4 September 2019, or both meet the conditions for leasing under subsection 2 and are subsequently re-leased, when the first re-leasing is not done within a 5-year period after a control change, cf. subsection 4, which has not yet expired.
2)Control change occurring through inheritance under the Inheritance Act or by remaining in undivided possession under § 26 of the Inheritance Act or in both cases equivalent foreign rules. Advances on inheritance are covered by subsection 4 regardless of the first sentence.
3)Control change occurring through the execution of one or more intra-group transactions.
4)Control change occurring through the conversion of a cooperative housing association's, a housing stock company's, or a housing share company's property into a rental property and all subsequent resales, when the cooperative housing association, housing stock company, or housing share company was established before 1 July 2020.
5)Control change occurring concerning homes located in a property where the owner or a previous owner within a period of 2 years has carried out and incurred expenses for energy improvements excluding maintenance, cf. § 128, concerning the part of the property used for residential purposes, amounting to at least 3,012 DKK per m2 gross floor area for this part of the property. The improvements in the first sentence must not be covered by the law on urban renewal and city development except for the previously applicable Chapter 6 a, cf. Consolidated Act No. 144 of 21 February 2020. The investment requirement in the first sentence must be met at the time of leasing under subsection 2. Amounts used to meet the first sentence cannot be included in the calculation of the amount requirement under subsection 2. The amount in the first sentence is set at the 2021 level and is adjusted annually, cf. § 204, subsection 1.
6)Control change occurring concerning homes located in a property where the owner or a previous owner has carried out energy improvements to an extent that the property has achieved a placement on the energy rating scale that is three levels above the placement applicable from 1 July 2020. § 9 does not apply.
Stk. 6.Subsection 2 only applies to tenancies in properties that, at the time of leasing, have achieved a placement at level A-C on the energy rating scale under the law on promoting energy savings in buildings, and for tenancies in properties where the owner has carried out energy improvements to an extent that the property has achieved a placement on the energy rating scale that is two levels above the placement applicable from 1 July 2020. The requirement in the first sentence must be met at the time of leasing under subsection 2. Notwithstanding the first sentence, subsection 2 applies to tenancies in properties that are protected under the law on the preservation of buildings and urban environments.
§ 20
In disputes regarding rent determination under § 19, subsection 2, the landlord must provide documentation of the improvement costs and that the improvements were completed within a period of 2 years. If such documentation cannot be provided, § 19, subsection 2, can only be applied if it is undoubtedly proven that improvements were made to a sufficient extent and within a period of 2 years. When brought before the housing court, it is the landlord's responsibility to prove that the agreed rent does not exceed the value of the rented property.
Stk. 2.In the comparison, cf. § 42, subsections 2 and 3, the following are disregarded:
1)Tenancies improved under § 129, subsection 1, and § 137.
2)Tenancies covered by Chapter 5.
3)Tenancies covered by the previously applicable law on urban renewal, cf. Consolidated Act No. 385 of August 4, 1983, the previously applicable law on urban renewal and housing improvement, cf. Consolidated Act No. 820 of September 15, 1994 with subsequent amendments, the previously applicable law on private urban renewal, cf. Consolidated Act No. 49 of February 1, 1996 with subsequent amendments, the previously applicable law on urban renewal, cf. Consolidated Act No. 260 of April 7, 2003 with subsequent amendments, and the law on urban renewal and development of cities.
Stk. 3.In the assessment of the rent and the value of the rented property, the following are disregarded:
1)Rent increases allocated under § 120 and improvements carried out for amounts allocated under this provision.
2)Rent increases under § 129, subsections 1 and 2, and § 137 and § 58 a in the previously applicable Rent Act, cf. Consolidated Act No. 927 of September 4, 2019, and improvements under § 129, subsection 1, and §§ 137 and 146 and the previously applicable Chapter 6 a in the law on urban renewal and development of cities, cf. Consolidated Act No. 144 of February 21, 2020.
3)Rent increases and improvements under the previously applicable law on urban renewal, cf. Consolidated Act No. 385 of August 4, 1983, the previously applicable law on urban renewal and housing improvement, cf. Consolidated Act No. 820 of September 15, 1994 with subsequent amendments, the previously applicable law on private urban renewal, cf. Consolidated Act No. 49 of February 1, 1996 with subsequent amendments, the previously applicable law on urban renewal, cf. Consolidated Act No. 260 of April 7, 2003 with subsequent amendments, and the law on urban renewal and development of cities.
§ 21
If the landlord intends to enter into a rental agreement pursuant to § 19, subsection 2, and it is the first rental of the particular tenancy under § 19, subsection 2, the landlord must inform the tenant representatives or tenants about this and the content of this provision when the tenancy is terminated or revoked, and before a new rental agreement is made. Otherwise, the condition regarding rent determination under § 19, subsection 2, is invalid. The tenant representatives or tenant may, within 14 days after the notification is given, bring a case concerning lack of maintenance before the rent tribunal, cf. § 114. The tenant representatives or tenant must specify the maintenance deficiencies, which can only concern deficiencies outside the individual tenancies. If the rent tribunal issues an order for the rectification of maintenance deficiencies, cf. § 114, subsection 2, rent under § 19, subsection 2, cannot be charged until the identified maintenance deficiencies are rectified.
Stk. 2.It is the responsibility of the landlord to maintain the comprehensive improvement of the tenancy. If a dispute arises regarding this, the tenant may bring the matter before the rent tribunal, but not earlier than 5 years after such a case was last presented to the rent tribunal by this tenant. If the landlord is deemed not to have fulfilled the obligation to maintain the comprehensive improvement, future rent must be calculated according to § 19, subsection 1.
§ 22
When entering into a lease agreement, it cannot be agreed upon a rent or rental terms that, upon overall assessment, are more burdensome for the tenant than the terms applicable to other tenants in the property.
Stk. 2.However, the rule in subsection 1 does not prevent, in leases that have been improved without a corresponding rent increase being implemented, the rent from being agreed upon according to the rules in §§ 19-21 upon re-letting.
§ 23
If the rent cannot cover the property's necessary operating expenses, cf. § 24, and the return on the property's value, cf. § 25, the landlord may demand a rent increase to offset the difference.
Stk. 2.A rent increase cannot be demanded if, after the increase, the rent will exceed the value of the leased property according to § 42, subsections 2 and 3. In assessing the rent and the value of the leased property, § 20, subsection 3, applies correspondingly. The first sentence does not apply to properties whose construction is financed with index loans according to § 2, subsection 1, no. 9, in the previously applicable law on index-regulated mortgage loans, and properties taken into use after January 1, 1989, which are constructed and rented out by landlords covered by the previously applicable law on real interest tax, provided that the calculation of return is done according to § 25, subsection 4.
Stk. 3.Unless otherwise agreed by the parties, a rent increase under subsection 1 takes effect from the 1st of the month occurring 3 months after the demand is made.
Stk. 4.If a demand for a rent increase under subsection 1 or under § 46, where the return is calculated according to § 25, subsection 2, results in a rent increase that, together with rent increases under subsections 1-3, exceeds 96 DKK per m2 of gross floor area within the last 3 years, the landlord must notify the tenant, at the latest simultaneously with the notice of rent increase, that the tenant can demand to be offered another suitable dwelling. § 106, subsections 2-4, apply correspondingly. The amount in the first sentence is set at the 2021 level and is adjusted annually, cf. § 204, subsection 1.
Stk. 5.If the landlord has wholly or partially failed to provide the information mentioned in § 11, subsection 4, in connection with the conclusion of a lease agreement, the current rent can only be increased based on increases in the property's operating expenses since the lease agreement was concluded. If a rent increase is charged for an amount exceeding what is permitted in the first sentence, the tenant can demand a refund of the excess amount paid. § 40 applies correspondingly.
Operating Expenses in the Cost-Based Rent Budget
§ 24
Necessary operating expenses include costs for taxes, fees, cleaning, administration, and insurance to the extent that is reasonable considering the nature of the property and the lease. Necessary operating expenses also include amounts allocated for maintenance, etc., according to §§ 117, 119, and 120, subject to § 113.
Stk. 2.Expenses for consultancy services as covered by § 47, are not included in the budget.
Stk. 3.Tenant representatives may obtain offers for cleaning, insurance, and preparation of heating and water accounts and present these to the landlord. If the landlord refuses to accept a presented offer as per the first sentence, the tenant representatives may bring the matter before the rent tribunal, which can require the landlord to accept an offer obtained by the tenant representatives if the rent tribunal assesses that the offer is better in terms of price and quality than the one accepted by the landlord.
Stk. 4.Stk. 3 does not apply to properties divided into condominiums.
Stk. 5.In listed properties, where a special preservation declaration is registered according to the building preservation legislation, an amount equivalent to the property tax that could have been levied at any time can be included as an operating expense, regardless of whether the property is exempt from property taxation.
Return in the Cost-Based Rent Budget
§ 25
An amount not exceeding 7 percent of the property value, as determined on April 1, 1973, during the 15th general assessment of the country's real estate, is allocated in the budget for the property's yield.
Stk. 2.Instead of yield according to the rule in subsection 1, the landlord for properties put into use after 1963 can calculate a yield amount not exceeding reasonable payments on typical long-term mortgage loans taken to finance the property's construction, plus an appropriate interest on the remaining part of the reasonable acquisition cost after deducting tenant deposits. The appropriate interest is considered to be:
1)8 percent for properties put into use in 1964.
2)10 percent for properties put into use in 1965-69.
3)12 percent for properties put into use in 1970-73.
4)14 percent for properties put into use after 1973.
Stk. 3.Instead of yield under subsections 1 and 2, the landlord for properties financed with index loans according to § 2, subsection 1, no. 9, in the previously applicable law on index-regulated mortgage loans can calculate the yield as the interest the landlord continuously pays on index loans taken to finance the property's construction, plus 4 percent of the indexed principal. The landlord can also calculate an interest of 4 percent on the remaining acquisition cost after deducting tenant deposits. The amount calculated according to the second sentence is adjusted by the same percentage rate by which the principal of the index loan is adjusted.
Stk. 4.For properties put into use after January 1, 1989, constructed and rented by landlords covered by the law on real interest tax, the same yield amount can be calculated as calculated under subsection 3 for a corresponding property financed with the largest possible index loan under § 2, subsection 1, no. 9, in the previously applicable law on index-regulated mortgage loans.
Stk. 5.If rent increases for improvements were implemented in the period from January 1, 1964, to April 1, 1973, the yield can be calculated up to 7 percent of the property value at the latest general assessment prior to the improvement's implementation, plus a yield on the reasonable improvement expense calculated according to the rules in subsection 2, so that the time of the improvement's use determines the interest rate percentage.
Stk. 6.If the property is divided into condominiums after the 15th general assessment, the yield is calculated based on a proportional share of the property value at the 15th general assessment.
Stk. 7.To the calculated yield, the landlord can add the amount that was set aside or could have been set aside per square meter of gross floor area at the end of 2014, cf. § 9, subsection 7, in the previously applicable law on temporary regulation of housing conditions, cf. statutory order no. 962 of August 14, 2010. The amount in the first sentence is adjusted according to the rules in § 204, subsection 1.
Rent Adjustment According to the Net Price Index
§ 26
The landlord may, instead of adjusting according to § 23, decide that the rent is adjusted annually based on the development of Denmark's Statistics net price index over a 12-month period ending in June of the year before the fiscal year to which the adjustment pertains, in periods of 2 years at a time. The amount is rounded to the nearest whole krone. Adjustment according to the net price index can only be made for that part of the rent which relates to the necessary operating expenses mentioned in § 24, excluding taxes and fees. Adjustment according to the net price index includes all leases in the property except for those leases where an adjustment of the rent has been agreed upon according to chapter 5. At the end of the 2-year period, the landlord must calculate the rent according to § 23. The calculation, along with information that it can be submitted to the rent tribunal, must be received by the tenants before the end of the 2-year period. If the rent at the end of the 2-year period exceeds the rent calculated according to § 23, the landlord must reduce the rent to the newly calculated rent effective from the end of the 2-year period.
Stk. 2.The decision to adjust the rent according to the net price index can be implemented solely by the landlord's written notification to the tenants and is binding for the landlord for a period of 2 years from the time the landlord has sent the notification to the tenants. Rent adjustment according to stk. 1 can take effect no earlier than 12 months after the rent has been calculated and set according to § 23.
Stk. 3.A demand for a rent increase due to adjustment according to the net price index under stk. 1 must be in writing and include an indication of the size of the rent increase and its calculation. The rent increase takes effect from the 1st of the month occurring 3 months after the demand is made.
Stk. 4.If the landlord has adjusted the rent according to the net price index, a rent increase calculated according to § 23 can take effect no earlier than 12 months after the latest rent increase due to adjustment according to the net price index has come into force and after the expiration of the 2-year period mentioned in stk. 2.
Apportionment of Rent Increase on Apartments
§ 27
The rent increase is distributed among the apartments according to their relative utility value. If apartments have the same relative utility value, the rent increase shall initially be imposed on apartments with the lowest rent. However, the amounts allocated for maintenance pursuant to §§ 117, 119, and 120 are distributed according to the gross floor area of the apartments. For properties with apartments where allocation occurs with different amounts per square meter of gross floor area, the distribution is based on the actual amount per square meter of gross floor area for each individual apartment.
Stk. 2.In assessing the relative utility value of the apartments, improvements financed by the tenant are disregarded.
Stk. 3.If the rent for an apartment is increased based on improvement or increased utility value that is not matched by expenses in the budget, and the increase occurred after the property assessment from which the yield percentage is calculated, this rent increase is disregarded in budgeting and in assessing the relative utility value of the apartments.
Allocation of Budget Expenses in Mixed Properties
§ 28
For rooms used by the landlord or rented out without being subject to the rules in this chapter, and for the individual rooms mentioned in subsection 3, the budget must include a rental value corresponding to the relevant rooms' share of the property's necessary operating expenses and yield. The distribution is based on gross floor area.
Stk. 2.For properties where different amounts per square meter of gross floor area are allocated for maintenance of residential apartments according to §§ 117, 119, and 120, the allocation of these amounts is based on the actual amount per square meter of gross floor area for these apartments.
Stk. 3.The rent for individual rooms for residential purposes, which are covered by this chapter, cf. § 6, subsection 3, is determined based on the gross floor area as a proportional share of the rental value included in the rent budget for the leases mentioned in subsection 1, first sentence.
Notice of Rent Increase
§ 29
In properties without tenant representation, a demand for rent increase under § 23 must be presented simultaneously to the tenants whose rent is to be increased. The demand must be in writing. It must include information on the current budget and the new budget, including operating expenses and income, the amount of the rent increase and its calculation, and the amount of the future rent. The demand must include information on the tenant's right to object, cf. Stk. 2. If the demand does not contain this information, it is invalid.
Stk. 2.If at least one-quarter of the tenants whose rent is to be increased have submitted a written objection to the rent increase no later than 6 weeks after the demand for the rent increase has been received, the landlord must present the case to the rent tribunal within an additional 6 weeks if the landlord wishes to maintain the demand for the rent increase.
§ 30
In properties with tenant representation, demands for rent increases under § 23 must be presented simultaneously to the tenants whose rent is to be increased. The demand must be in writing. It must include information about the current budget and the new budget, including operating expenses and income, the amount of the rent increase and its calculation, and the future rent amount. The demand must also include information that the letter has been presented to the tenant representatives and any of their statements. If the demand does not contain this information, it is invalid.
Stk. 2.No later than 7 days before the demand under subsection 1, the landlord must notify the tenant representatives of the rent increase. The notification must include a copy of the letter to the tenants, information about the current budget and the new budget, and a necessary explanation of the budget items, including changes in the amounts. If the tenant representatives do not receive this information, the notification under subsection 1 is invalid.
Stk. 3.The tenant representatives may, within 3 weeks after receiving the notification under subsection 2, make a written demand that the landlord, within an additional 3 weeks, sends a written explanation to the tenant representation with specified supplementary information along with documentation for certain expenses in the budget. The tenant representatives must also be informed of their right to object, cf. subsection 4. If the tenant representatives do not receive this information, the demand for a rent increase is invalid.
Stk. 4.If the tenant representatives, within 6 weeks after the landlord's notification under subsection 2 or additional information under subsection 3 has been received, have notified in writing that they cannot approve the rent increase, the landlord must present the case to the rent tribunal within an additional 6 weeks if the landlord wishes to maintain the demand for a rent increase.
Stk. 5.If the landlord has not timely received notification from the tenant representatives as mentioned in subsection 4, or the tenant representatives have approved the rent increase, the landlord may collect the notified rent increase once this has been communicated to the tenants with an indication that each tenant can submit the question of the reasonableness of the rent increase to the rent tribunal under § 38.
Stk. 6.Notification under subsection 5 can be given in the letter under subsection 1 if it is sent after the tenant representatives have responded or their response deadline has expired.
Rent Increase Due to Increased Allocation for Maintenance
§ 31
A demand for rent increase solely due to the allocation of the amounts mentioned in §§ 117, 119, and 120 can, notwithstanding the provisions in §§ 29 and 30, be implemented solely by the landlord's written notice to the tenants.
Rent Regulation for Smaller Properties
§ 32
The rules in chapters 4 and 5 apply to properties covered by § 7. However, the rent for these properties cannot significantly exceed the rent paid for comparable tenancies with respect to location, type, size, quality, facilities, and maintenance condition covered by § 6, subsection 1, where the rent is regulated according to § 23. When making a decision according to the second sentence, for tenancies in properties with premises used for purposes other than residential, a comparison must be made with the rent for tenancies in similar properties. If there are no comparable tenancies where the rent is regulated according to § 23, or if the rent level for comparable tenancies is considered atypical, the rent tribunal may, pursuant to § 83 of the Housing Act, obtain information about the property's operating expenses, etc., and based on this information, determine the rent that could be charged if the rent were to be calculated according to § 23. However, the second to fourth sentences do not apply to tenancies covered by § 54, subsection 1.
Rent Regulation and Termination Protection for Single Rooms
§ 33
The rules in §§ 34-36 apply to the rental of the rooms covered by § 6.
§ 34
If the tenant finds the rent or other terms unreasonable, the tenant may bring the matter before the rent tribunal, which can adjust the rent according to § 45 and the rental terms.
Stk. 2.If the rent is reduced or the rental terms are changed by the rent tribunal, it may decide that the tenancy cannot be terminated without the tribunal's approval.
§ 35
If a termination by the landlord is deemed to be prompted by or associated with an attempt to obtain an unreasonable rent or other unreasonable rental terms, the rent tribunal may invalidate the termination's validity and determine that the tenancy can only be terminated with the tribunal's approval. The same applies if a termination, due to other special circumstances in connection with its issuance, is deemed contrary to customary good rental practice, making it considered unreasonable.
§ 36
If a case is brought before the rent tribunal, it may, when circumstances warrant, decide that the tenancy cannot be terminated without the tribunal's approval before a decision is made in the case.
Competence of the Rent Tribunal
§ 37
If a claim for rent increase is submitted to the rent tribunal under § 29, subsection 2, or § 30, subsection 4, the tribunal may dismiss the claim in whole or in part if the conditions for implementing the increase are not met.
Stk. 2.However, if it is determined that the claim for rent increase is invalid due to minor formal deficiencies, cf. § 29, subsection 1, and § 30, subsections 1 and 3, the tribunal may, instead of dismissing the claim on this basis, set a deadline for the landlord to correct the identified formal deficiencies. If the deficiencies are corrected within the specified deadline, the claim for rent increase retains its validity.
Stk. 3.Until the tribunal's decision is made, the landlord may collect the notified rent increase as a provisional rent increase, which must not exceed 15 DKK per m² of gross floor area per year. The rent must be adjusted in accordance with the tribunal's decision. Adjustment of the deposit and prepaid rent cannot be demanded until the claim for rent increase is decided by the tribunal.
§ 38
At the tenant's request, the rent tribunal shall determine whether the landlord has demanded a higher rent or imposed other terms than permitted under the provisions of this chapter, unless the tribunal has made a decision pursuant to § 37.
Stk. 2.§ 37, applies correspondingly.
Stk. 3.In properties with tenant representation, the rent tribunal shall, at the request of the tenant representatives on behalf of all tenants, decide disputes regarding advance contributions for heating and similar, advance contributions for water, advance contributions for cooling under chapter 7, the landlord's right to oppose the installation of water meters and cooling meters pursuant to § 67, and § 68, the tenant's right under § 142, whether an agreement under § 138 is manifestly unreasonable, and rent increases notified pursuant to §§ 26 or 31.
Penalty
§ 39
A fine or imprisonment for up to 4 months shall be imposed on anyone who demands a tenant pay higher rent than allowed under the provisions of §§ 19-21. Similarly, a landlord who agrees to rent and rental terms that are more burdensome for the tenant than permitted under the provisions of §§ 19-22 shall be punished.
Stk. 2.A fine shall be imposed on anyone who charges higher rent than allowed by the rent tribunal according to the rule in § 34, or who, contrary to § 35, terminates the tenancy without the tribunal's consent.
Stk. 3.Companies, etc. (legal entities) may be held criminally liable according to the rules in Chapter 5 of the Penal Code.
Refund of Overpaid Rent, etc.
§ 40
If the landlord has charged higher rent, deposit, advance payment, or similar than allowed, the tenant can demand the excess amount be refunded, and the tenant can also demand a rent reduction effective for the future. Upon termination of the tenancy, the tenant's claim must be submitted to the rent tribunal within 1 year from the move-out date.
Stk. 2.Notwithstanding subsection 1, the tenant cannot demand a refund of overpaid rent on the grounds that the rent exceeds the rental value, unless a claim for rent reduction is submitted to the rent tribunal within 1 year from the date the rent or increased rent is first due.
Stk. 3.Refund claims accrue interest from the payment date at an annual rate corresponding to the rate set under § 5, subsections 1 and 2, of the Act on Interest on Overdue Payments, etc. Where special circumstances justify it, a higher or lower interest rate may be determined.
Deviations
§ 41
This chapter cannot be derogated to the detriment of the tenant.
Stk. 2.§ 54, however, applies.
Chapter 4
Rent Determination and Rent Adjustment According to the Rental Value, etc.
Rent Increase in Private Rental Housing
§ 42
If the rent is significantly lower than the value of the leased property, the landlord may demand an increase to a reasonable amount considering this. In assessing the rent and the value of the leased property, the following are disregarded:
1)Rent increases pursuant to § 129, subsections 1 and 2, and § 137 and § 58 a of the previously applicable Rent Act, cf. Consolidated Act No. 927 of 4 September 2019, improvements pursuant to § 129, subsection 1, and §§ 137 and 146, and improvements under the previously applicable Chapter 6 a of the Act on Urban Renewal and Urban Development, cf. Consolidated Act No. 144 of 21 February 2020.
2)Rent increases pursuant to § 63 b of the previously applicable Rent Act, cf. Consolidated Act No. 963 of 11 August 2010, and improvements made for amounts covered by § 63 a of the previously applicable Rent Act, cf. Consolidated Act No. 963 of 11 August 2010.
3)Rent increases and improvements under the previously applicable Act on Renovation, cf. Consolidated Act No. 385 of 4 August 1983, the previously applicable Act on Urban Renewal and Housing Improvement, cf. Consolidated Act No. 820 of 15 September 1994 with subsequent amendments, the previously applicable Act on Private Urban Renewal, cf. Consolidated Act No. 49 of 1 February 1996 with subsequent amendments, the previously applicable Act on Urban Renewal, cf. Consolidated Act No. 260 of 7 April 2003 with subsequent amendments, and the Act on Urban Renewal and Urban Development.
4)Improvements made by the tenant at their own expense with the landlord's permission.
Stk. 2.In the decision pursuant to subsection 1, first sentence, a comparison must be made with the rent generally applicable in the neighborhood or area for a similar dwelling or single room for habitation, considering location, type, size, quality, facilities, and state of maintenance.
Stk. 3.In the comparison of leases, cf. subsection 2, it is given weight if the rent in the comparison leases has been subject to separate review.
Stk. 4.In the comparison, cf. subsection 2, the following are disregarded:
1)Leases improved pursuant to § 129, subsection 1, and § 137.
2)Leases covered by §§ 49-51 and Chapter 5.
3)Leases covered by the previously applicable Act on Renovation, cf. Consolidated Act No. 385 of 4 August 1983, the previously applicable Act on Urban Renewal and Housing Improvement, cf. Consolidated Act No. 820 of 15 September 1994 with subsequent amendments, the previously applicable Act on Private Urban Renewal, cf. Consolidated Act No. 49 of 1 February 1996 with subsequent amendments, the previously applicable Act on Urban Renewal, cf. Consolidated Act No. 260 of 7 April 2003 with subsequent amendments, and the Act on Urban Renewal and Urban Development.
Stk. 5.A demand for a rent increase can take effect no earlier than 2 years after the commencement of the tenancy, or 2 years after a previous rent increase took effect, due to the rent being significantly lower than the value of the leased property.
Rent Increase in Unsupported Private Care Homes
§ 43
The rent for unsupported private care homes, cf. § 1, must always be set to correspond to the value of the rented property, determined by comparison with supported elderly or care homes in the municipality according to the rules in § 42 and 4. When setting the rent, improvements made by the tenant at their own expense with the landlord's permission are disregarded.
Stk. 2.A demand for a rent increase, cf. stk. 1, may be notified once annually.
Stk. 3.If the rent exceeds the value of the rented property according to stk. 1, the tenant may request a reduction to this value.
Stk. 4.If the rent is reduced according to stk. 3, the tenant can demand a refund of the overpaid amount.
Stk. 5.§ 45 and 5, applies correspondingly to unsupported private care homes.
Notice
§ 44
Rent increases under §§ 42 or 43 can be implemented with 3 months' notice.
Stk. 2.The demand for a rent increase must be made in writing and include an indication of the amount of the increase. The demand must also contain information on the reason for the increase and the tenant's right to object, cf. stk. 3. If the demand does not contain this information, it is invalid.
Stk. 3.If the tenant does not accept the demand for a rent increase, the tenant must submit a written objection no later than 6 weeks after the demand is received. The landlord must then bring the matter before the rent tribunal no later than 6 weeks after the tenant's deadline if the landlord wishes to maintain the demand for a rent increase.
Stk. 4.Until the rent tribunal's decision is available, the landlord may collect the notified rent increase as a provisional increase, which must not exceed 15 DKK per m² of gross floor area per year. The rent must be adjusted in accordance with the tribunal's decision. Adjustment of the deposit and prepaid rent cannot be demanded until the rent increase demand is decided by the tribunal. Reimbursement to the tenant of overpaid rent shall bear interest from the payment date according to the provision in § 15.
Stk. 5.A rent increase can be demanded regardless of agreed non-terminability when the landlord has reserved the right to adjust the rent.
Rent Reduction
§ 45
If the rent is significantly higher than the value of the leased property, the tenant may demand a reduction to a reasonable amount considering this. When assessing the rent and the value of the leased property, the rule in § 42, applies correspondingly.
Stk. 2.In a decision pursuant to stk. 1, consideration must be given to the circumstances mentioned in § 42.
Stk. 3.If the rent is reduced pursuant to stk. 1, the tenant may demand a refund of the excess amount paid.
Stk. 4.A case for rent reduction must be brought within 1 year after the date the rent or increased rent is first due.
Stk. 5.In properties with tenant representation, the tenant representatives may demand a rent reduction. If the rent is reduced, the refund amount is primarily used to cover the tenant representatives' expenses for the case.
Rent Increase Due to Increased Property Taxes, etc.
§ 46
If property taxes on the property are increased, the landlord may demand that the expense be offset by a rent increase for the residential apartments and rooms to which the tax applies. A rent increase can be demanded regardless of any agreed non-terminability.
Stk. 2.The rent increase is distributed in proportion to the current rent or, where no rent is set, the rental value. However, for tenancies in properties where the rules in §§ 19-31 apply, the increase is distributed according to the rules in §§ 27 and 28.
Stk. 3.The rent increase can be implemented with 3 months' notice. However, the rent increase can be demanded to take effect from the time the expense is imposed on the property, if the demand for a rent increase is made no later than 5 months after this time.
Stk. 4.The demand for a rent increase must be made in writing and include a calculation of how the change in rent is derived, and information about the tenant's right to object, cf. stk. 5. If the demand does not contain this information, it is invalid.
Stk. 5.If the tenant does not approve the demand for a rent increase, the tenant must submit a written objection specifying the points of disagreement no later than 6 weeks after the demand is received. In properties with tenant representation, the representatives may object to the demand for a rent increase on behalf of all tenants, cf. the first sentence. The landlord must then bring the matter before the rent tribunal no later than 6 weeks after the tenant's deadline if the landlord wishes to maintain the demand for a rent increase.
§ 47
The rules in § 46 also apply if new or increased charges for water, electricity, waste disposal, toilet, chimney sweeping, or similar are imposed on the property at rates set or approved by public authorities.
Stk. 2.The rules in § 46 also apply if new road or sewer contributions or similar contributions to the public are imposed on the property. If contributions are imposed on the property as a one-time payment, the landlord may, once the payment is made, recover the contribution from the tenants through a rent increase that covers the landlord's expenses, including usual financing costs, over 10 years. The rent increase ceases at the end of the period.
Stk. 3.The rules in § 46 also apply to expenses for covering consultancy assistance in accordance with § 4 b, stk. 1, 2nd sentence, in the previously applicable Act on Private Urban Renewal, cf. Consolidation Act No. 49 of 1 February 1996 with subsequent amendments. The landlord may, once the expense is paid, offset this through a rent increase that covers the landlord's expenses, including usual financing costs, over 12 months. However, the rent increase can only be charged in equal amounts to those tenants who have accepted consultancy assistance, cf. 1st sentence, and the rent increase ceases at the end of the period.
Rent Reduction Due to Decreasing Property Taxes, etc.
§ 48
If the taxes, fees, expenses, and contributions mentioned in §§ 46 and 47 are abolished or reduced, the landlord must make a corresponding rent reduction for the residential apartments and rooms where the expense was included in the rent, effective from the time of reduction. However, the landlord is not required to reduce the rent if the abolition or reduction of taxes, fees, expenses, and contributions is simultaneously offset or exceeded by new increased taxes, fees, expenses, or contributions. In protected properties where a special preservation declaration is registered according to the building preservation legislation, an amount equivalent to the property tax that could have been levied at any time may be charged as part of the rent, regardless of whether a property is exempt from property taxation.
Stk. 2.The landlord must provide the tenant with written notice of the rent reduction no later than 6 weeks after the notice of the reduction of taxes, fees, expenses, or contributions has been received.
Rent Determination in Index-Financed Properties
§ 49
For properties whose construction is financed with index loans pursuant to § 2, subsection 1, no. 9, of the previously applicable law on index-regulated mortgage loans, the rent may be set so that the total rental income can cover the property's necessary operating expenses at the time of the property's construction, plus the return on the property's value.
Stk. 2.As a return, the interest the landlord continuously pays on index loans taken to finance the property's construction may be calculated, plus 4 percent of the indexed principal. The landlord may also calculate a return of 4 percent on the remaining acquisition cost after deducting tenant deposits.
Stk. 3.The operating expenses under subsection 1 and the return under subsection 2, second sentence, are adjusted by the same percentage by which the principal of the index loan is adjusted. However, adjustments cannot be made to operating expenses covered by §§ 46-48.
Stk. 4.The rent is distributed among the residential apartments according to their relative value. In assessing the relative value of the residential apartments, improvements paid for by the tenant are disregarded.
Stk. 5.Rent increases under subsections 2 and 3 can be implemented with 3 months' notice.
Stk. 6.The demand for a rent increase must be made in writing and include a calculation of how the rent change is derived, and information on the tenant's right to object, cf. subsection 7. If the demand does not contain this information, it is invalid.
Stk. 7.If the tenant does not approve the demand for a rent increase, the tenant must submit a written objection, specifying the points of disagreement, no later than 6 weeks after the demand is received. The landlord must then bring the matter before the rent tribunal no later than 6 weeks after the tenant's deadline if the landlord wishes to maintain the demand for a rent increase.
Rent Determination in Real Interest Exempt Properties
§ 50
For properties taken into use after January 1, 1989, constructed and rented by landlords subject to the law on real interest tax, the rent may, regardless of the property's financing, be set at the same amount that can legally be charged under § 49 for a comparable property financed with the largest possible index loan under § 2, nr. 9, in the previously applicable law on index-regulated mortgage loans.
Exception from the Value of the Leased Property
§ 51
§§ 42-45 do not apply to tenancies in properties whose construction is financed with index loans according to § 2, nr. 9, in the former law on index-regulated mortgage loans. The same applies to tenancies in properties put into use after January 1, 1989, which are constructed and rented out by landlords subject to the law on real interest tax, provided that the rent is determined according to § 50.
Jurisdiction of the Rent Tribunal
§ 52
Disputes regarding rent adjustment and rent determination under the rules of this chapter are decided by the rent tribunal.
Deviations
§ 53
§§ 42-48 cannot be deviated from by agreement to the detriment of the tenant, cf. however chapter 5 on free rent.
Stk. 2.It may, however, be agreed that the rent is adjusted annually according to the development in the net price index of Statistics Denmark. A rent increase can be implemented solely by the landlord's written notice to the tenant.
Stk. 3.The other provisions in this chapter cannot be deviated from.
Chapter 5
Free Rent
Agreed Free Rent
§ 54
Rent can be freely determined by the parties' agreement in the following tenancies:
1)Tenancies concerning residential apartments in properties taken into use after December 31, 1991.
2)Tenancies concerning residential apartments that, on December 31, 1991, or before this date, were lawfully used exclusively for or lawfully arranged exclusively for business purposes, cf. the rules in Chapter VII of the previously applicable law on temporary regulation of housing conditions.
3)Tenancies concerning newly arranged residential apartments or newly arranged single rooms in an attic, which on September 1, 2002, were not used for or registered as residential. The same applies to apartments and single rooms in newly constructed floors, for which a building permit was granted after July 1, 2004. In connection with the arrangement of housing in the attic, the landlord may, with six weeks' notice, take over attic space if the tenant is provided with other rooms usable for the agreed purpose.
Stk. 2.For tenancies covered by Stk. 1, nos. 2 and 3, it is a condition for the rent to be freely determined that it is stated in the lease agreement that the tenancy is covered by these provisions.
Stk. 3.Rent increases for tenancies where the rent is freely determined by the parties' agreement, cf. Stk. 1, can be demanded based on an agreement to adjust the rent according to the net price index and can be implemented solely by the landlord's written notice to the tenant.
Competence of the Rent Tribunal
§ 55
Disputes regarding lease agreements entered into pursuant to § 54 and whether an agreement made under § 54 is reasonable, cf. § 36 of the Contracts Act, are decided by the rent tribunal. The rent tribunal also resolves disputes concerning the landlord's right to dispose of attic areas under § 54, no. 3.
Deviations
§ 56
This chapter cannot be deviated from to the detriment of the tenant.
Chapter 6
Payment of Rent
Place of Payment
§ 57
The landlord must designate a payment location in this country in the form of an account at a financial institution, subject to the second sentence. If no payment location is designated, the rent must be paid at the landlord's residence in this country. Payment to a financial institution is considered payment at the designated payment location.
Time of Payment
§ 58
Rent may be demanded to be paid monthly in advance.
Stk. 2.If the rent is calculated for a period shorter than 1 month, it may be demanded in advance for the period it concerns.
Stk. 3.Rent for residential apartments and single rooms for residence cannot be demanded for more than 3 months at a time. Rent for unsupported private care homes cannot be demanded for more than 1 month at a time.
Stk. 4.Timely payment of rent occurs no later than the due date. If the rent is due on a public holiday, a Saturday, or Constitution Day, the due date is postponed to the following business day.
Stk. 5.In the event of termination or upon the expiration of a fixed-term tenancy, the tenant is only obliged to pay rent for the period until the tenancy ends.
Deposit and Prepaid Rent
§ 59
The landlord may, at the commencement of a tenancy agreement for residential apartments and single rooms, require a deposit not exceeding an amount equivalent to 3 months' rent. This amount serves as security for the tenant's obligations upon vacating the premises.
Stk. 2.In sublease agreements, the tenant may choose to provide security in the form of a bank guarantee or a balance in a separate escrow account instead of a deposit, both at the time of entering into the lease agreement and during the lease period.
Stk. 3.Additionally, at the commencement of the tenancy, the landlord may require rent to be prepaid for a period of up to 3 months, provided that the prepaid rent does not exceed the rent payable during the period from when the tenant terminates the lease until the tenancy ends. In this context, prepaid rent refers to the amount that remains paid to the landlord immediately before the agreed payment terms. If the lease agreement is terminated or canceled, the tenant may offset the prepaid amount mentioned in the first sentence against the final part of the rental period.
Stk. 4.The deposit is a mandatory monetary obligation in the tenancy, cf. § 182, nr. 1. If the tenant has chosen to provide security in the form of a bank guarantee or a balance in an escrow account instead of a deposit, the rules for mandatory monetary obligations apply correspondingly, cf. § 182, nr. 1.
Stk. 5.The Rent Tribunal may permit deviations from stk. 1-3, provided that proper security is furnished for the tenant's repayment claims, cf. § 17, stk. 1, 2nd sentence.
Regulation of Deposit and Prepaid Rent
§ 60
If a rent increase is implemented, the deposit and prepaid rent may be adjusted. The adjustment for the mentioned amounts can be collected in equal monthly installments over the same number of months that the amount originally corresponded to in relation to the rent at the commencement of the tenancy. The first sentence applies correspondingly if the tenant has chosen to provide security in the form of a bank guarantee or a deposit account balance instead of a deposit. If the rent is reduced, the landlord must make a corresponding repayment of the deposit and prepaid rent to the tenant effective from the date of reduction.
Stk. 2.The adjustment of the deposit and prepaid rent according to subsection 1 is a mandatory monetary obligation in the tenancy, cf. § 182, subsection 1, no. 1. If the tenant has chosen to provide security in the form of a bank guarantee or a deposit account balance instead of a deposit, the rules for mandatory monetary obligations apply correspondingly, cf. § 182, subsection 1, no. 1.
Unsupported Private Care Homes
§ 61
The landlord cannot demand rent in advance for tenancies concerning unsupported private care homes according to § 59 and 4.
Penalty
§ 62
A landlord who demands a deposit and prepaid rent contrary to § 59, subsections 1 and 3, in properties with rent determination according to §§ 19-31, shall be punished with a fine or imprisonment for up to 4 months.
Stk. 2.Unless a higher penalty is warranted under other legislation, a tenant who has sublet and has not completed the final settlement and repayment of excess deposit and prepaid rent within 6 weeks from the termination of the sublease or final decision by the rent tribunal, if the case has been brought before the rent tribunal, shall be punished with a fine.
Stk. 3.Companies, etc. (legal entities) may be held criminally liable according to the rules in Chapter 5 of the Penal Code.
Jurisdiction of the Rent Tribunal
§ 63
Disputes regarding deposits, prepaid rent, and security under §§ 59-61 are resolved by the rent tribunal. The rent tribunal may permit deviations from § 59, pursuant to § 59.
Deviations
§ 64
§ 57, § 58, and §§ 59-61 cannot be deviated from by agreement to the detriment of the tenant.
Chapter 7
Payment for heating, water, cooling, gas, and electricity, etc.
Costs of Heating and Water Heating
§ 65
If the landlord provides heating and hot water, the landlord may require reimbursement for the tenant's consumption and share of other expenses as mentioned in § 72, subsections 4 and 5. These expenses cannot be included in the rent, cf. however subsection 2.
Stk. 2.Expenses for deliveries under subsection 1 can be included in the rent, unless an obligation to measure consumption follows from other legislation, for the following tenancy agreements:
1)Tenancy agreements for individual rooms for habitation.
2)Tenancy agreements for apartments reserved for students or other young people in properties belonging to self-governing institutions, foundations, or similar, whose statutes are approved by the public authorities.
§ 66
The allocation of expenses among tenants is done according to standard distribution rules based on consumption meters. In properties that are wholly or partially exempt from the requirement for individual heat measurement under the Building Act, expenses are allocated according to the landlord's decision based on gross floor area or volume.
Stk. 2.In properties that are wholly or partially exempt from the requirement for individual measurement of water heating under the Building Act, expenses are allocated based on the number and type of hot water taps and the number of rooms.
Cooling expenses
§ 67
If the landlord provides cooling, the landlord may demand reimbursement for their expenses related to the tenant's consumption and share in other expenses as mentioned in § 72. The distribution of expenses among tenants is done according to usual distribution rules based on consumption meters. If the property is wholly or partially exempt from the requirement for individual cooling measurement under the building law, these expenses are included in the rent.
Stk. 2.If the landlord provides cooling and the expense is included in the rent, the tenant representatives or a majority of the tenants may demand that future expense distribution be based on suitable consumption meters. The landlord may demand that future expense distribution, as mentioned in the first sentence, be based on suitable consumption meters if the installation of consumption meters for measuring cooling usage is required by law. Decisions according to the first and second sentences are binding for all tenants regardless of previous agreements.
Stk. 3.The landlord may oppose the implementation of a decision under stk. 2, first sentence, if the landlord can demonstrate that the implementation cannot be considered reasonable and appropriate.
Stk. 4.Expenses resulting from changed distribution are regarded as an improvement.
Stk. 5.Decisions under stk. 2 can be implemented with 6 weeks' notice at the beginning of an accounting period.
Cold Water Expenses
§ 68
If the landlord supplies cold water, the landlord may require reimbursement for the tenant's consumption expenses. The distribution of expenses among tenants is done according to the usual allocation rules based on consumption meters. If the property is wholly or partially exempt from the requirement for individual cold water metering pursuant to the Building Act, these expenses are included in the rent.
Stk. 2.§ 67, applies correspondingly. Decisions pursuant to § 67, regarding water can be implemented with 6 weeks' notice and within a period that is considered reasonable in relation to the extent of the overall improvement.
Expenses for Electricity and Gas
§ 69
If the landlord supplies gas for heating and electricity, the landlord may require reimbursement for the tenant's consumption expenses. The allocation of the expense among tenants is done according to usual distribution rules based on consumption meters. If the property is wholly or partially exempt from the requirement for individual measurement of electricity or gas pursuant to the Building Act, the expense may be allocated based on area or volume. However, the allocation of electricity expenses for purposes other than heating can only be done using approved individual electricity meters.
§ 70
If electricity and gas consumption in individual housing units is measured by distribution meters, the allocation among tenants must be based on the measured consumption. The landlord, tenant representatives, or a majority of the tenants can demand that tenants pay for consumption directly to the utility company based on billing meters in the future. The change can be implemented with 6 weeks' notice. For electricity supplies for heating, the change can be implemented with 6 weeks' notice at the start of a heating accounting year.
Advance Payment of Utility Expenses
§ 71
The landlord may, with 6 weeks' notice to a payment date, require the tenant to pay an advance contribution to cover the tenant's share of the property's expenses related to heating, water heating, cooling, water, electricity, and gas, when these expenses are not included in the rent, cf. however § 79. The landlord may, with the same notice, demand an increase in ongoing advance contributions.
Stk. 2.The contributions are paid in equal amounts in connection with the regular rent payments.
Stk. 3.The total contributions for 1 year for heating, water heating, cooling, water, electricity, and gas may at most be charged with the expense expected to be imposed for the accounting period for the respective supply. When increasing the ongoing advance contribution, the monthly contribution may at most be increased to 1/12 of the total expense expected to be imposed for the accounting period for the respective supply.
Consumption Accounts
§ 72
The expenses in §§ 65-69 are accounted for in separate consumption accounts for the following:
1)Heating and heating of water.
2)Cooling.
3)Water.
4)Electricity.
5)Gas.
Stk. 2.Discounts and similar must be credited to the account.
Stk. 3.The tenant's contribution under §§ 65-69 is a mandatory monetary obligation in the tenancy, cf. § 182, nr. 1.
Stk. 4.In the accounts for heating and heating of water and in the cooling accounts, the landlord may only include the cost of energy consumption during the accounting period. If the supply is from a collective supply plant or a natural gas plant, the landlord must include the total expense. Expenses for inspection, review, and maintenance of heating and cooling systems, which are imposed on the landlord pursuant to the Act on the Promotion of Energy Savings in Buildings, must be included in the account.
Stk. 5.The expenses for energy labeling are included in the account for heating and heating of water as a proportional part with equal amounts in each of the years during the period the energy labeling is valid. Furthermore, an appropriate interest on the expense for energy labeling, not covered by the tenants' payment according to the first sentence, may be included. The landlord is obliged to inform the tenants that energy labeling has been prepared in accordance with the Act on the Promotion of Energy Savings in Buildings and, upon a tenant's request, provide access to review this material and any appendices thereto.
Stk. 6.In the water account, the landlord may include all expenses related to the supply of water, including water and drainage fees, during the accounting period.
Stk. 7.If an expense previously included in the rent is to be included in a consumption account in the future, cf. stk. 1, the rent is simultaneously reduced by an amount corresponding to what was included in the rent.
§ 73
The consumption account must include information about the tenant's share of the total expenses and the tenant's right to object, cf. § 77. The account must also include information about the time the landlord received the final settlement of the supply from a collective supply facility or a natural gas facility, if the account reaches the tenant after the deadline in § 75, 1st sentence. If the account does not contain this information, it is invalid.
§ 74
Unless otherwise agreed, the fiscal year for the accounts mentioned in § 72, nr. 1, 2, 4, and 5, begins on June 1, subject to stk. 2-4.
Stk. 2.The landlord may, with 6 weeks' notice, decide that the accounts will henceforth begin on a different date, subject to stk. 3 and 4. The accounting period during the transition to the new fiscal year must not exceed 18 months.
Stk. 3.For properties where heating is supplied from a collective heating supply system or a natural gas system, and for properties where cooling is supplied from a collective cooling supply system, the consumption accounts must follow the supply system's fiscal year or reading period.
Stk. 4.For properties where water is supplied by a municipality or a waterworks, the fiscal year must be set to correspond to that which the landlord settles with the municipality or waterworks. However, the landlord may decide that the water accounting year should follow the heating accounting year, cf. stk. 1 and 3.
§ 75
The consumption account, cf. § 72, must be delivered to the tenants no later than 4 months after the end of the accounting year. If the account includes expenses related to supplies from a collective supply facility or a natural gas facility, cf. § 72, nos. 1-5, the account must be delivered to the tenants no later than 3 months after the landlord has received the final settlement from the supply facility, if this date is later than the deadline mentioned in the first sentence.
§ 76
When a consumption account has been sent, the landlord must, at the tenant's request, grant the tenant or their authorized representative access to review the account's documentation at the property or elsewhere in the relevant urban area.
§ 77
The tenant may submit a written objection to the individual consumption accounts no later than 6 weeks after the account has been received by the tenant. In properties with tenant representation, the tenant representatives may object to the individual accounts on behalf of all tenants, cf. 1st sentence. The objection must specify the points on which the account cannot be approved. The landlord must bring the matter before the rent tribunal no later than 6 weeks after the tenant's deadline has expired if the landlord wishes to maintain their claim for additional payment according to the account.
§ 78
If the tenant has paid too little in advance contributions according to a consumption account, the landlord may demand additional payment with the first rent payment due one month after the consumption account has been received by the tenant. However, if the additional payment exceeds 3 months' rent, the tenant is entitled to pay in three equal monthly installments, with the first installment due at the set time for the additional payment. If the tenant moves out, the additional payment must be made no later than the moving-out day.
Stk. 2.If the tenant has paid too much in advance contributions according to a consumption account, the excess amount must be refunded to the tenant or deducted from the first rent payment after the consumption account has been received by the tenant.
§ 79
If the consumption account has not been delivered to the tenant by the deadline mentioned in § 75, the landlord loses the right to demand additional payment from the tenant.
Stk. 2.If the consumption account has not been delivered to the tenant within 2 months after the deadline mentioned in § 75, the tenant may refrain from paying advance contributions until the account has been delivered to the tenant and the tenant has received any overpaid contributions for the completed accounting period.
§ 80
If the landlord, due to an excusable error, has not included an expense item in the consumption account, the landlord may transfer the portion of the item that does not exceed 10% of the total expenses in the first completed account to the following consumption account. The landlord must inform the tenants of the amount transferred.
Stk. 2.In the event of an erroneous allocation of expenses among the tenants, the landlord must promptly correct the error by written notice to the affected tenants. Regarding additional payments and refunds resulting from the correction, § 78 and § 79, apply correspondingly.
Authorization, etc.
§ 81
The Minister for the Interior and Housing may establish rules on how expenses for the inspection, review, and maintenance of technical installations for heating and water heating, as well as cooling, which are imposed on the landlord pursuant to the Act on the Promotion of Energy Savings in Buildings, are distributed among the property's apartments and premises.
Stk. 2.The Minister for the Interior and Housing may establish rules that one-time payments or expenses not paid annually must be distributed over several accounting years, and that the landlord may include an appropriate interest on the portion of the expense not covered by the tenants' ongoing payments.
Jurisdiction of the Rent Tribunal
§ 82
Disputes regarding the tenant's payment for heating, water heating, cooling, water, electricity, and gas, including disputes about advance contributions, and where the landlord opposes the installation of meters pursuant to § 67, stk. 2, § 68, and § 70, second sentence, shall be decided by the rent tribunal.
Deviations
§ 83
§§ 65-69, § 72, and § 74, cannot be deviated from.
Stk. 2.The other provisions in this chapter cannot be deviated from to the detriment of the tenant.
Chapter 8
Payment for Shared Program Supply and Access to Electronic Communication Services, etc.
Tenant's payment for communal antenna, etc.
§ 84
If the landlord provides a shared program supply, the landlord may demand reimbursement for the necessary and reasonable expenses for establishment and improvement, cf. subsection 2, and operation thereof, including administrative expenses. The same applies to the supply of access to electronic communication services. The expenses are distributed equally among the tenancies in the property where the tenant, according to an agreement with the landlord, is obligated to contribute to the shared program supply or the shared supply of access to electronic communication services, cf. however § 85. The expenses cannot be included in the rent.
Stk. 2.If the landlord, by agreement with the tenant, has established or improved the property's program supply or supply of access to electronic communication services, the landlord may demand that the tenant reimburse the landlord for the establishment and improvement expenses reasonably incurred. Without an agreement, the landlord may demand reimbursement for expenses reasonably incurred for improvements the landlord is obliged to perform under other legislation. The landlord may demand appropriate interest and depreciation on the expenses. Expenses for the maintenance of shared antenna systems or shared supply of access to electronic communication services cannot be deducted from the property's external maintenance accounts, cf. §§ 119 and 120. Rent increases cannot be calculated under §§ 128 and 129 for the establishment and improvement of shared antennas.
Stk. 3.The tenant's contribution to expenses under subsection 1 is a mandatory monetary obligation in the tenancy relationship, cf. § 182, subsection 1, no. 1.
Payment for Opting Out of Program Supply, etc.
§ 85
For tenancies where the tenant, in accordance with the rules in § 6 a of the Act on Radio and Television Broadcasting, etc., and the rules issued pursuant to § 6 a, subsection 6, of the Act on Radio and Television Broadcasting, etc., has opted out of connection to and payment for shared program supply, or where the tenant has an individual choice of electronic communication services, the individual tenant shall only pay for the programs or electronic communication services to which the tenant has access.
Stk. 2.If the tenant has opted out of connection to and payment for program supply in a communal antenna system owned by parties other than the landlord, the tenant cannot be required to pay for the establishment, improvement, and operation of the system, except for reasonable administrative expenses. If the communal antenna system is owned by parties other than the landlord and is also used for the transmission of other electronic communication services, all households, regardless of opting out of shared program supply, may be required to pay for the establishment, improvement, and operation, including administration of the system.
Landlord's and Tenant's Right to Terminate Supply Agreement
§ 86
If the landlord provides communal program supply or communal supply with access to electronic communication services, etc., in the property, the landlord may, notwithstanding any contrary agreement, notify the tenant with six months' notice that the landlord will cease the provision of communal program supply or communal supply with access to electronic communication services, etc., in the property.
Stk. 2.If the landlord has committed a gross breach of their obligations regarding the administration of the communal program supply or the communal supply with access to electronic communication services, etc., the tenant may, with future effect, release themselves from the obligation to receive the communal program supply or communal access to electronic communication services, which the landlord arranges to distribute in the property.
Jurisdiction of the Rent Tribunal
§ 87
The Rent Tribunal resolves disputes between the tenant and the landlord regarding §§ 84-86.
Stk. 2.Upon the tenant's request, the Rent Tribunal must determine whether the landlord has charged amounts exceeding those permitted under §§ 84 and 85. If the landlord has charged more than allowed according to the tribunal's decision, the tenant may demand the return of the excess amount paid. § 15, subsection 3, second and third sentences, apply correspondingly.
Deviations
§ 88
§§ 84 and 85 cannot be derogated to the detriment of the tenant. §§ 86 and 87 cannot be derogated.
Chapter 9
Tenant's Move-In
Condition of the Premises at the Time of Taking Possession
§ 89
The landlord must make the rented premises available to the tenant in a good and proper condition from the commencement of the tenancy. At the time of takeover, the premises must be cleaned, the windows must be intact, and all exterior doors must be equipped with functional locks with corresponding keys.
Move-in Inspection and Report
§ 90
The landlord who rents out more than one residential apartment must inspect the residential apartment in connection with the move-in and prepare a move-in report. The incoming tenant must be invited to the inspection.
Stk. 2.The move-in report, cf. subsection 1, must be provided to the tenant at the inspection, possibly in a digital document, cf. however § 13, subsection 1. If the tenant is not present at the inspection or refuses to acknowledge receipt of the report, the report must be sent to the tenant no later than 2 weeks after the inspection.
Stk. 3.In the event of a violation of subsections 1 and 2, the landlord's claim for refurbishment under § 187, subsection 1, lapses unless the claim is due to damages for which the tenant is responsible.
Defects at the Time of Possession
§ 91
If the rented property is defective at the beginning of the tenancy, the tenant must notify the landlord within 2 weeks from the start of the tenancy to retain the right to invoke the defect, cf. §§ 95-97. However, this does not apply if the defect cannot be recognized with ordinary diligence or if the landlord has acted fraudulently.
Jurisdiction of the Rent Tribunal
§ 92
Disputes regarding whether the rented property is defective at the commencement of the tenancy are decided by the rent tribunal.
Stk. 2.The rent tribunal may require the landlord to remedy the defect.
Deviations
§ 93
§§ 90-92 cannot be deviated from by agreement to the detriment of the tenant.
Chapter 10
Defects in the Dwelling
Delay
§ 94
If the leased property is not completed at the time the tenant is supposed to take possession according to the agreement, or if the previous tenant has not vacated at the time of possession, or if there is another obstacle to the tenant's possession of the leased property at the agreed time, not due to the tenant's circumstances, the tenant may demand a proportional reduction in rent.
Stk. 2.The tenant may terminate the lease agreement in cases of significant delay as mentioned in subsection 1, unless the delay by the landlord is presumed not to be of significant importance to the tenant. The right to terminate the lease is conditional upon the tenant having made a demand to the landlord after the delay has occurred, and the tenant's possession cannot take place within a reasonable time thereafter. If the leased property is not completed at the time of entering into the lease agreement and the time of possession is not agreed upon, the tenant may terminate the agreement at any time before possession. However, the lease agreement can always be terminated in the event of any delay if the tenant has expressly conditioned possession of the premises at a specific time.
Stk. 3.Regardless of whether the tenant terminates the lease agreement, the tenant may demand compensation in cases where the previous tenant has not vacated, unless the landlord proves that the delay is not due to any circumstance for which the landlord is responsible.
Physical defects of the leased property
§ 95
If the rented property is not in the condition that the tenant can demand according to the legal relationship between the tenant and the landlord at the time of takeover and during the tenancy, and the landlord does not immediately remedy the defect upon request, the tenant may remedy it at the landlord's expense. If the defect concerns the supply of light, gas, heat, cold, etc., the tenant may, with the assistance of the bailiff, gain access to the property's installations to remedy the defect. The 1st and 2nd sentences apply correspondingly if the landlord has unjustifiably interrupted the supply of light, gas, heat, cold, etc. If the defect concerns the supply of heat, heating of domestic water, electricity, or water, the tenant may contact the municipality to resume supply according to the rules in chapter 3 on municipal security of supply with water, heat, and electricity in the Housing Act.
Stk. 2.The tenant may demand a proportional reduction in rent as long as a defect diminishes the value of the rented property for the tenant.
§ 96
If the rented property is defective as mentioned in § 95, and the landlord does not immediately remedy the defect, or if it cannot be remedied within a reasonable time, the tenant may terminate the lease if the defect is deemed significant or if the landlord has acted fraudulently.
Stk. 2.If the defect is remedied before the tenant has terminated the lease, the tenant cannot later invoke the defect as grounds for termination.
§ 97
The tenant may claim compensation if the rented property lacked characteristics deemed assured at the time of the agreement, or if the landlord acted fraudulently. The same applies if the rented property later suffers damage due to the landlord's negligence, or if obstacles or inconveniences arise for the tenant's right of use as a result of circumstances for which the landlord is responsible.
§ 98
If the rented property is destroyed by fire or another accident, the agreement is terminated.
Legal Defects
§ 99
If the use of the rented property is wholly or partially in violation of legislation, other public regulations, servitudes, or similar rights over the property that were in effect at the time of the lease agreement, the tenant may demand a proportional reduction in rent and compensation. The tenant may also terminate the lease agreement if the use is significantly restricted or the landlord has acted fraudulently.
Stk. 2.Stk. 1 does not apply if the tenant knew that the use was unlawful, nor if the tenant's ignorance is due to gross negligence. Furthermore, Stk. 1 does not apply if the unlawful condition has not resulted in any restrictions on the tenant's right of use and the landlord promptly rectifies the situation upon request.
Stk. 3.If the rented property is defective under Stk. 1, the tenant must notify the landlord within 2 weeks of the commencement of the tenancy that the tenant intends to assert the defect, in order not to lose the right to invoke it. However, this does not apply if the defect cannot be recognized with ordinary diligence or if the landlord has acted fraudulently.
§ 100
If a tenancy is terminated prematurely, except in the cases mentioned in § 99, due to other rights over the property, the tenant may claim compensation from the landlord.
Stk. 2.If the tenancy is terminated prematurely because public authorities prohibit the tenant's use for health or other reasons, the tenant is only obliged to pay rent until the day the prohibition takes effect. However, if the prohibition only limits the use in a less significant way, the tenant may only claim a proportional reduction in rent.
Deviations
§ 101
§§ 94-100 cannot be deviated from by agreement to the detriment of the tenant.
Chapter 11
Notice of Commencement of Works
Landlord's Access to the Leased Property
§ 102
The landlord or their representative has the right to obtain or gain access to the rented premises when circumstances require it.
§ 103
The landlord may initiate work on the leased premises with 6 weeks' notice, provided the execution does not significantly inconvenience the tenant.
Stk. 2.Before initiating other work, the tenant is entitled to 3 months' notice.
Stk. 3.However, the landlord may always carry out urgent repairs on the leased premises without notice.
Performance of Work
§ 104
Any work initiated by the landlord must be carried out without interruption and with the utmost consideration for the tenant. The landlord must promptly undertake any necessary repairs.
§ 105
Before the landlord in properties covered by § 6, and § 7, stk. 3, 3rd sentence, initiates an improvement that will result in a rent increase, which together with improvement increases implemented in the last 3 years will exceed 100 DKK per m² of gross floor area per year, the landlord must provide written notice to the tenants whose tenancy is intended to be improved. The amount in the 1st sentence is set at the 2021 level and is adjusted annually, cf. § 204.
Stk. 2.In properties with tenant representation, the landlord must provide a similar notice as in stk. 1 to the tenant representatives.
Stk. 3.Notice pursuant to stk. 1 and 2 must include a description of the work with an estimate of the costs and the expected amount of the rent increase resulting from the implementation of the improvement. The notice must also include information about the tenant representation's or, in properties without tenant representation, the tenants' right to object, cf. stk. 4. In properties with tenant representation, tenants must also be informed that the demand has simultaneously been presented to the tenant representatives. If the notice does not contain this information, it is invalid.
Stk. 4.If the tenant representation, or in properties without tenant representation at least one-quarter of the tenants, have submitted a written objection to the initiation of an improvement as mentioned in stk. 1, no later than 6 weeks after the notice has been received by them, the landlord must bring the matter before the rent tribunal within a further 6 weeks if the landlord wishes to maintain the demand for the improvement.
§ 106
If an improvement results in a rent increase that, combined with rent increases for improvements made in the last 3 years, exceeds 199 DKK per m² of gross floor area per year, the landlord in properties covered by § 6, and § 7, stk. 3, 3rd sentence, must notify the tenant no later than 3 months before the improvement is initiated, informing them that they can request to be offered another suitable dwelling before the deadline mentioned in stk. 2. The amount in the 1st sentence is set at the 2021 level and is adjusted annually, cf. § 204.
Stk. 2.If the tenant demands to be offered another suitable dwelling no later than 6 weeks after the notice under stk. 1, the landlord must, before the improvement is initiated, offer the tenant a dwelling of suitable size, location, quality, and amenities, and at a rent that, after deduction of any housing subsidy, does not significantly differ from the current rent. The apartment is of suitable size if it has the same number of rooms as the tenant's current apartment or one more room than the number of household members.
Stk. 3.If the tenant objects because they find that the landlord's offer of another dwelling does not meet the conditions in stk. 2, the landlord must bring the matter before the rent tribunal.
Stk. 4.For a tenant who has not been notified under stk. 1 of their right to demand another dwelling, a rent increase due to the improvement cannot be implemented beyond the limit specified in stk. 1. The same applies if the landlord does not comply with the obligations under stk. 2 and 3.
§ 107
When the improvement solely includes measures mandated by law, work carried out pursuant to § 146, or measures covered by the previously applicable Act on Urban Renewal and Housing Improvement, cf. Consolidation Act No. 658 of August 11, 1993, Chapter 5 of the previously applicable Act on Urban Renewal, cf. Consolidation Act No. 260 of April 7, 2003, or the previously applicable Act on Private Urban Renewal, cf. Consolidation Act No. 49 of February 1, 1996 with subsequent amendments, the rules in §§ 105 and 106 do not apply.
Jurisdiction of the Rent Tribunal
§ 108
The Rent Tribunal makes decisions in disputes under this chapter.
Stk. 2.If the landlord does not carry out a commenced improvement work with the necessary speed, cf. § 104, the Rent Tribunal may set a deadline for the completion of the work.
§ 109
If a case is brought regarding the implementation of improvements under § 105, the rent tribunal may oppose the implementation if the improvement is deemed inappropriate considering the property's age, location, and condition. The same applies if the improvement is not expected to result in a suitable increase in use value considering the property's and the respective rooms' character, condition, layout, and equipment. It may be considered whether the changes that the measures will cause in the individual rented rooms are deemed reasonable in relation to their previous suitable use.
Stk. 2.If the landlord implements an improvement that the tribunal has opposed, the landlord cannot demand a rent increase for the improvement.
Stk. 3.Bringing a decision under §§ 89 or 90 of the Housing Act, whereby the tribunal has approved the implementation of an improvement, has a suspensive effect.
Deviations
§ 110
This chapter cannot be deviated from by agreement to the detriment of the tenant.
Chapter 12
Maintenance
Maintenance Concepts
§ 111
Maintenance refers to the repairs and replacements carried out to preserve and maintain the condition of the tenancy and the property as deterioration occurs due to wear and aging.
Stk. 2.Internal maintenance refers to the maintenance of the apartment through whitewashing, painting, wallpapering, and floor treatment.
Stk. 3.External maintenance refers to the maintenance of all parts of the property and the leased premises not covered by internal maintenance.
Maintenance Obligations of the Parties
§ 112
Maintenance, including both internal and external maintenance, cf. subsection 2, due to deterioration from wear and tear, must be carried out as often as required, considering the nature of the property and the lease, cf. however § 117.
Stk. 2.The landlord must maintain the property and the leased premises properly, including maintaining all facilities for drainage and supply of electricity, gas, water, heating, and cooling, and ensure cleaning and usual lighting of the property and access routes to the leased premises, as well as clean sidewalks, courtyards, and other common facilities.
Stk. 3.During the rental period, the tenant must perform maintenance and necessary replacement of locks and keys.
Maintenance Plan
§ 113
The landlord must prepare an annual maintenance plan for the property's upcoming 10-year period by July 1st each year. The plan must include major maintenance work on the property. In properties with tenant representation, the landlord must invite the tenant representation to a meeting for the preparation and revision of the maintenance plan.
Stk. 2.The landlord loses the right to charge amounts under §§ 119 and 120 if the landlord has not prepared a maintenance plan for the property in accordance with subsection 1 and the tenants have brought the matter before the rent tribunal. The landlord cannot charge the mentioned amounts from the time the tenants bring the matter before the rent tribunal until a maintenance plan is prepared and delivered to the tenants.
Stk. 3.Subsection 1 does not apply to properties covered by § 3 b of the Act on Cooperative Housing Associations and Other Housing Communities.
Stk. 4.The Minister of the Interior and Housing lays down detailed rules on the preparation of maintenance plans.
Competence of the Rent Tribunal
§ 114
The Rent Tribunal makes decisions in disputes regarding the fulfillment of the tenant's and landlord's duties for cleaning and maintenance, cf. § 112. The Rent Tribunal also decides on disputes concerning the preparation and implementation of maintenance plans, cf. § 113.
Stk. 2.The Rent Tribunal may, at the tenant's request, require the landlord to carry out specific works and may establish detailed guidelines for this. The Rent Tribunal must set a deadline for the completion of each work. The Rent Tribunal may also decide that the rent should be reduced by an amount corresponding to the depreciation of the rental value if the landlord does not meet the deadline set according to the second sentence. The rent reduction applies until the works are completed or the Rent Tribunal decides that the property should be managed on the owner's behalf, cf. chapter 5 of the Housing Act. The Landowners' Investment Fund may decide to initiate the works on behalf of the landlord, cf. § 70, subsection 1, of the Housing Act.
Stk. 3.The Rent Tribunal may issue an order under subsection 2, regardless of whether the expenses can be covered by the balances in accounts pursuant to §§ 119 and 120.
Deviations
§ 115
§§ 111, 113, and 114 cannot be deviated from by agreement. § 112 cannot be deviated from by agreement to the detriment of the tenant, except for an agreement that the tenant assumes the obligation of maintenance. It cannot be agreed that the tenant must restore anything other than the parts of the leased property covered by the tenant's maintenance obligation upon vacating.
Stk. 2.§ 112, cannot be deviated from to the detriment of the tenant concerning external maintenance in properties covered by § 6. However, it can be agreed that the tenant must maintain the garden included in the lease.
Chapter 13
Provisions for Maintenance
Interior Maintenance Account
§ 116
When an apartment is rented wholly or partly for residential purposes, the landlord's obligation for internal maintenance is considered fulfilled when the landlord has continuously allocated the amounts required for this purpose according to the rules in §§ 117 and 118. If a lease agreement includes premises rented for residential purposes as well as premises rented exclusively for non-residential purposes, and the premises are located in separate physical units, the first sentence only applies to the part of the leased property rented for residential purposes.
§ 117
The landlord must allocate 46 DKK per m² of gross area each fiscal year to a maintenance account for the apartment to fulfill the internal maintenance obligation. The amounts are allocated monthly at 1/12. The amount mentioned in the first sentence is set at the 2021 level and is adjusted annually, cf. § 204.
Stk. 2.If the tenant has partially assumed the obligation for internal maintenance by agreement, the amount allocated to the maintenance account is proportionally reduced.
Stk. 3.When the landlord has incurred expenses for internal maintenance and other maintenance under § 118, the landlord may deduct the expenses from the maintenance account. The landlord must simultaneously provide the tenant with a written statement of the incurred expenses and information on the amount available thereafter. The tenant may request documentation for the maintenance expenses incurred.
Stk. 4.Within 3 months after the end of each fiscal year, the landlord must provide the tenant with written notification of the amount available for the apartment's maintenance at the end of the fiscal year. A negative balance must be set to zero.
Stk. 5.If the landlord fails to comply with a request from the rent tribunal to present accounts with attachments for the last 5 years by a specified deadline, the tenant may demand that it be assumed that at least an amount corresponding to the period's allocation remains in the account without deduction for maintenance expenses incurred.
Stk. 6.Upon re-letting, the maintenance account must be continued, and the landlord must inform the new tenant of the amount available for maintenance at the start of the tenancy.
Stk. 7.Upon change of ownership, the new landlord assumes the maintenance obligation and continues the maintenance account.
§ 118
The tenant may demand that the landlord perform interior maintenance when necessary, and the expense can be covered by the amount available in the maintenance account.
Stk. 2.The tenant may also demand that the amount by which the balance of the maintenance account exceeds an amount equivalent to the total allocations of the last 3 years be used for other reasonable and appropriate maintenance works in the apartment. However, it is a condition that the apartment appears to be well-maintained concerning interior maintenance.
Stk. 3.If the lease agreement is terminated by either party, the tenant cannot make demands under subsections 1 and 2.
External Maintenance Accounts
§ 119
The landlord must, as part of fulfilling their obligation to maintain the property, allocate the amount that was allocated or should have been allocated according to the previously applicable § 18 of the Act on Temporary Regulation of Housing Conditions, cf. Consolidation Act No. 962 of 11 August 2010, as of 31 December 2014. The amount in the first sentence is adjusted once annually, cf. § 204.
Stk. 2.If the property has apartments and premises not covered by the rules on external maintenance accounts in this chapter, the same amount per square meter must be allocated to the maintenance account for such premises as is allocated from the rent for residential apartments. For private cooperative housing associations, amounts must only be allocated to the maintenance account for apartments and premises rented out by the cooperative housing association.
Stk. 3.The landlord of a property not covered by § 120 must prepare a separate annual account for maintenance expenses distributed by individual works or categories of works. A positive or negative balance is carried over to the following financial year. The landlord must submit the annual account to the Landowners' Investment Fund.
§ 120
In properties taken into use before 1970, which have more than two residential apartments, the landlord must annually allocate, in addition to the amounts mentioned in § 119, the amount that was allocated or should have been allocated according to the previously applicable § 18 b of the Act on Temporary Regulation of Housing Conditions, cf. Consolidation Act No. 962 of 11 August 2010, as of 31 December 2014. The amount in the first sentence is adjusted once a year, cf. § 204. The amount is deposited into an account for the property in the Landlords' Investment Fund, cf. § 60 of the Act on Housing Conditions.
Stk. 2.Stk. 1 applies correspondingly where allocation occurs according to § 211.
Stk. 3.The deposited amount cannot be subject to creditor enforcement and can only be paid out according to the rules in § 122 and § 63 of the Act on Housing Conditions.
Stk. 4.The provision in stk. 1 does not apply to properties assessed by the valuation authorities as agricultural or forestry properties, cf. the Property Valuation Act § 3, nr. 2 and 3.
Deductions and Disbursements from External Maintenance Accounts
§ 121
Amounts used to fulfill the landlord's obligation for external maintenance, cf. § 111, may be deducted from the account pursuant to §§ 119 and 120. Furthermore, with the consent of the tenant representatives or a majority of the tenants, amounts used for improvements may be deducted.
Stk. 2.If an expense is covered by taking out a loan, the landlord is entitled, instead of deducting the expense, to deduct the annual mortgage payments from the account as they are paid.
§ 122
Amounts deposited into an account under § 120 may be disbursed when the landlord documents that a corresponding amount has been used for the property's external maintenance, improvement, or for loan payments for the mentioned purposes, cf. § 121, subsection 2, subject to subsection 4. The portion of the expense covered by grants under other legislation is disregarded.
Stk. 2.No later than at the same time the landlord requests disbursement of amounts under subsection 1, the tenant representatives or tenants must be informed of the expenses incurred and the amount requested for disbursement.
Stk. 3.Amounts deposited into an account under § 120 may be disbursed unless the tenant representatives or a majority of the tenants object to the disbursement within 6 weeks after receiving the notification under subsection 2. If agreement cannot be reached between the landlord and the tenant representatives or a majority of the tenants, the landlord must bring the matter before the rent tribunal if the landlord wishes to maintain the claim for disbursement under subsection 1.
Stk. 4.It is a condition for disbursement under subsection 1 that the landlord documents that the funds in the property's account under § 119 have been exhausted.
Exemption from Termination under Section 120
§ 123
The Landowners' Investment Fund may exempt the owner of a property from allocation under § 120 for the part of the property used exclusively for non-residential purposes.
Stk. 2.The decision of the Landowners' Investment Fund under subsection 1 may be brought before the rent tribunal.
Stk. 3.The Minister of the Interior and Housing may establish rules regarding the extent to which the Landowners' Investment Fund may exempt an owner from allocation under § 120.
Jurisdiction of the Rent Tribunal
§ 124
Disputes regarding the fulfillment of the landlord's obligation to maintain an internal maintenance account and amounts deducted from the internal and external maintenance accounts are decided by the rent tribunal.
Stk. 2.The rent tribunal may decide to reduce the allocation amount pursuant to § 120, subsection 1, for a period of up to 5 years if the tenant representatives or a majority of the tenants demand it. The amount may be reduced, among other reasons, if the account under § 120, subsection 1, already holds amounts equivalent to the allocations of the past 5 years, or if the property's maintenance condition indicates that a larger amount is not needed during the period. The amount cannot be reduced to less than 15 DKK per square meter of gross floor area.
Stk. 3.The rent tribunal submits decisions, cf. subsection 2, to the Landowners' Investment Fund, which uses them as a basis for calculating the binding amount under § 120 for the individual property.
Deviations
§ 125
§§ 116-118 cannot be deviated from by agreement to the detriment of the tenant. §§ 119-124 cannot be deviated from.
Chapter 14
The Landlord's Improvements
Landlord's Changes to the Property and the Leased Premises
§ 126
The landlord has the right to make changes, including improvements to the property and the leased premises, provided that these changes do not materially and permanently alter the identity of the leased premises.
Stk. 2.When installing a heating system in the property, the landlord has the right, with 6 weeks' notice, to use the basement and attic spaces necessary for the operation of the system, provided that the tenant is offered other spaces suitable for the agreed use. However, the tenant cannot demand another space if the intended use of the space is rendered unnecessary by the installation.
Improvements and Rent Increases
§ 127
Improvements are understood as measures or installations that increase the value of the leased property, or measures required by law or public regulations, when these are not included in the landlord's maintenance obligation.
Stk. 2.Before the landlord initiates improvements, the landlord must observe § 131 regarding the involvement of the tenant representation.
Stk. 3.Before the landlord initiates improvements in properties covered by § 6, and § 7, stk. 3, 3rd sentence, the landlord must observe §§ 105 and 106 regarding notification of initiation.
§ 128
If the landlord has improved the leased property, the landlord may demand an increase in rent corresponding to the increase in the property's value.
Stk. 2.As a general rule, the rent increase should provide an appropriate return on the reasonable expenses incurred for the improvement and cover depreciation and usual expenses for maintenance, administration, insurance, and similar costs.
§ 129
For work that results in energy savings for tenants in the property, the landlord may demand a rent increase based on the total expenses reasonably incurred, but not exceeding the savings the work provides to the tenants.
Stk. 2.If the landlord has carried out work under the rule in § 146, the landlord may demand a rent increase that provides an appropriate return on the expenses reasonably incurred and covers depreciation and usual expenses for maintenance, administration, insurance, and similar.
Stk. 3.If the landlord has undertaken measures under the previously applicable law on private urban renewal, cf. Act No. 49 of February 1, 1996 with subsequent amendments, or under Chapter 5 of the previously applicable law on urban renewal, cf. Act No. 260 of April 7, 2003, the landlord may, instead of a rent increase for improvements under § 128, demand a rent increase calculated and implemented according to the rules in the previously applicable law on private urban renewal or in Chapter 5 of the previously applicable law on urban renewal.
Stk. 4.If a property has central heating or hot water installation, and the landlord connects this to a collective heat supply system, the landlord may demand that the tenant reimburse the landlord for the property's conversion expenses over 10 years, deducting the savings.
Stk. 5.The Minister of the Interior and Housing lays down detailed rules for subsection 1 on requirements for documentation, conditions for demanding a rent increase, and the calculation of the increase.
Notice, etc.
§ 130
Rent increases pursuant to §§ 128 and 129 can be implemented with 3 months' notice. However, the rent increase can take effect no earlier than when the improvement is completed.
Stk. 2.The demand for a rent increase must be made in writing and include information on the reason for the rent increase, a calculation of the rent increase with details of the incurred expenses, and information on the tenant's right to object, cf. stk. 5. If the demand does not contain this information, it is invalid.
Stk. 3.The landlord may demand a preliminary rent increase based on an estimate of the expenses and reserve the right to submit a new demand when the construction accounts are finalized. The rent must be adjusted according to the construction accounts when they are available.
Stk. 4.If the construction accounts are not submitted within 6 months from the date the preliminary rent increase took effect, the rent tribunal may, at the request of a tenant, set a deadline within which the construction accounts must be submitted. If the construction accounts are not submitted by the deadline, the preliminary rent increase lapses, unless the delay is due to circumstances not attributable to the landlord.
Stk. 5.If the tenant does not accept the demand for a rent increase, the tenant must submit a written objection no later than 6 weeks after the demand has been received. In properties with tenant representation, the tenant representatives can object to the demand for a rent increase on behalf of all tenants, cf. 1st sentence. The landlord must then bring the case before the rent tribunal no later than 6 weeks after the tenant's deadline if the landlord wishes to maintain the demand for a rent increase.
Stk. 6.For properties covered by § 6, stk. 1, §§ 38 and 40 also apply to notified improvement increases.
Stk. 7.If a case is brought before the rent tribunal, the landlord may, until the tribunal's decision is available, collect the notified rent increase as a preliminary rent increase. The rent must be adjusted in accordance with the tribunal's decision. However, the rent tribunal may determine that the landlord can only collect a smaller amount until the tribunal has made its decision.
§ 131
Before the landlord in a property with tenant representation notifies the initiation of works that will result in a rent increase, which, together with improvement increases implemented in the last 3 years, will exceed 63 DKK per m² gross floor area per year, the landlord must, with reasonable notice, invite the tenant representatives in writing to a meeting to inform and discuss the proposed improvement works, tender material, and estimates of the improvement increase. The meeting must be held before the initiation is notified. Prior to the meeting, the landlord must send written material regarding the improvement works. The amount mentioned in the first sentence is set at the 2021 level and is adjusted annually, cf. § 204.
Stk. 2.If the landlord is not required to notify the initiation of the works that will result in a rent increase, but the other conditions in stk. 1 are met, the meeting under stk. 1 must be held no later than 2 weeks before the notification of the improvement increase.
Stk. 3.If the works are tendered in a restricted procedure without prior prequalification, the landlord must, at the meeting mentioned in stk. 1, invite the tenant representatives to suggest at least one bidder in the tender. The landlord must invite the tenant representatives in writing and with reasonable notice to participate in the tender proceedings.
Stk. 4.If the landlord does not comply with the obligations under stk. 1-3, a rent increase cannot be charged beyond the amount limit mentioned in stk. 1.
Pre-approval
§ 132
Before improvements are initiated, including comprehensive improvements under § 19, and renovation work related to the merging of apartments, the rent tribunal may, at the landlord's request, decide on the amount of rent that can legally be charged if the renovation work is carried out in accordance with the project materials regarding the intended work, which the landlord must present to the rent tribunal, cf. stk. 4.
Stk. 2.Before the owner of an owner-occupied dwelling or the shareholder with the right to use a specific residential apartment decides to rent out the dwelling, the rent tribunal may also decide on the amount of rent that can legally be charged. However, this access only applies to owners who do not own other rented owner-occupied dwellings and to shareholders who do not have the right to use other rented cooperative dwellings.
Stk. 3.Before the landlord initiates renovation work under the provision in § 2, no. 1-4, in the previously applicable law on private urban renewal, and if there has been a reservation of an investment framework under the previously applicable law on private urban renewal, the rent tribunal may, at the landlord's request, decide on the amount of rent that can legally be charged. The rent tribunal may require documentation that an investment framework has been reserved under the previously applicable law on private urban renewal.
Stk. 4.Simultaneously with the submission to the tribunal under stk. 1, the landlord must send project materials containing the nature of the works, an indication of the expected amount of rent or rent increase, and the estimated costs of carrying out the works to the rent tribunal and the tenants affected by the improvement work.
Stk. 5.The rent tribunal's decision on prior approval must be made no later than 2 months after the rent tribunal has received comments under § 83, in the Housing Act or responses under § 84, in the Housing Act, or when the deadline for responses under the provisions has expired.
Stk. 6.The rent tribunal can only change the rent set by the prior approval if there are changed circumstances.
§ 133
For individual tenancies covered by § 2, nr. 1-4, of the previously applicable law on private urban renewal, where the rent tribunal has determined the amount of rent that can legally be charged before the commencement of works, the tribunal shall decide, upon the landlord's request, whether the renovation costs are reasonable in relation to the achieved quality once the renovation is completed. The tribunal shall also determine whether the completed renovation works are included in the positive list established pursuant to § 2, of the previously applicable law on private urban renewal, and whether the rent increase calculated by the landlord complies with the provision in § 5 a of the previously applicable law on private urban renewal. The landlord's request to the rent tribunal must be accompanied by a renovation account detailing the incurred and documented expenses and rent increases distributed across the individual tenancies, certified by a registered or state-authorized auditor.
Jurisdiction of the Rent Tribunal
§ 134
The Rent Tribunal makes decisions in disputes concerning rent increases according to the rules on improvements in §§ 128-131.
Penalty
§ 135
A person who carries out improvements in a property covered by § 6, in violation of the rules in § 127, stk. 3, § 128, § 129, or § 130, or who finances such improvements with knowledge of the unlawful circumstances, shall be punished with a fine or imprisonment for up to 4 months.
Stk. 2.Companies and similar entities (legal persons) may be held criminally liable according to the rules in Chapter 5 of the Penal Code.
Deviations
§ 136
This chapter cannot be deviated from to the detriment of the tenant, cf. however subsections 2-4.
Stk. 2.§ 126 and § 130, subsection 1, first sentence, may be deviated from by agreement. § 129, subsection 4, may also be deviated from by agreement concerning the compensation period.
Stk. 3.§ 128 in properties not covered by § 6, subsection 1, may be deviated from by agreement regarding the amount of rent increase.
Stk. 4.The provisions of this chapter do not apply to agreed improvements pursuant to § 137. The notification rules in § 130 do not apply to the tenant representatives' approval of improvements pursuant to § 138.
Chapter 15
Agreed Improvements
Individually Agreed Improvements
§ 137
The landlord and the tenant of a residential apartment may, after entering into a lease agreement, agree to carry out improvement works in the apartment with a rent increase specified in the agreement.
Stk. 2.The tenant may require the landlord to obtain prior approval according to the provisions of § 132, before entering into an agreement. The tenant may also request a statement from Udbetaling Danmark regarding any housing benefit implications of an agreement on rent increase pursuant to stk. 1.
Stk. 3.An agreement, cf. stk. 1, is only valid if the following conditions are met:
1)The agreement must be in writing.
2)It must explicitly appear in the agreement that the rent increase is agreed upon under the present provision.
3)The landlord must, before entering into the agreement, have informed the tenant about the possibility of obtaining prior approval, cf. stk. 2, 1st sentence, and calculation regarding housing benefit implications, cf. stk. 2, 2nd sentence.
Stk. 4.The agreement lapses when the relevant tenancy terminates.
Tenant Representatives' Approval of Improvements
§ 138
The tenant representatives may, on behalf of all tenants, approve improvement works that, together with improvement works approved by the tenant representatives within the last 3 years under this provision, result in rent increases not exceeding 100 DKK per m² of gross floor area. The amount mentioned in subsection 1 is calculated at the 2021 level and is adjusted annually, cf. the rules in § 204, subsection 1.
Stk. 2.Before approving the improvement works, the tenant representatives must hold a tenant meeting to discuss the proposed improvement works, and there must be a majority among the attending tenants in favor of carrying out the improvement works. After the tenant meeting, the tenant representatives must promptly inform all tenants in writing of the decision and state that if one-fourth of the tenants demand it within 2 weeks of the notification, the tenant representatives must arrange a ballot among the property's tenants, cf. the regulation on tenant representation.
Jurisdiction of the Rent Tribunal
§ 139
The Rent Tribunal makes decisions in disputes regarding whether an agreement pursuant to § 138 concerning improvement works is manifestly unreasonable.
Deviations
§ 140
This chapter cannot be deviated from to the detriment of the tenant.
Chapter 16
The Tenant's Right to Make Installations and Improvements to the Leased Property
Tenant's right to install fixtures
§ 141
The tenant may not, without the landlord's consent, make alterations to the rented property or install any fixtures or objects other than those mentioned in §§ 142-145.
§ 142
The tenant has the right to make usual installations in the rented property unless the landlord can prove that the property's electrical and drainage capacity is insufficient for the installation. The tenant must notify the landlord before making the installation.
Stk. 2.The tenant of a residential apartment or a room for year-round residence has the right to install aids, etc., in the rented property and according to the landlord's instructions in the property's common areas under the provisions of the Social Services Act, if the municipal council guarantees payment of restoration costs upon the tenant's departure. The tenant must provide prior written notice of the intended installations, etc., to the landlord. The tenant has the right to have the installations carried out if the landlord has not made a written, reasoned objection within 6 weeks after the tenant's notification of the works. The landlord may refuse the tenant to carry out installations in the common areas if they are a significant inconvenience to the property or the other tenants.
Stk. 3.The tenant is liable for damages caused by the installations the tenant has made. The landlord may require the tenant to provide necessary security for fulfilling the liability for damages, either through insurance or otherwise.
§ 143
The tenant has the right, according to the landlord's instructions, to install radio and television antennas on the property for receiving radio and TV programs, cf. however subsection 2. The tenant similarly has the right to establish a cable connection for the transmission of radio and TV programs or access to electronic communication services in the property, if there is an opportunity to connect to cable TV or a similar shared network in the area. If multiple tenants wish to establish the same program supply or supply with access to electronic communication services, they may decide that the installation of the antenna or supply with access to electronic communication services shall be in the form of a shared facility.
Stk. 2.The tenant's right under subsection 1 does not apply if the landlord proves that the installation will be a disadvantage to the property or its tenants. The right also does not apply if the tenant can access a desired program either through the landlord's shared TV supply or through a shared antenna system established by the tenants.
Stk. 3.The tenant is liable for damages caused by the antenna or cable connection. The landlord may require the tenant to pay a reasonable deposit as security for claims against the tenant arising from the antenna, including costs for removal of the antenna and restoration upon the tenant's departure, cf. subsection 7.
Stk. 4.If multiple tenants wish to establish a shared antenna in the property under subsection 1, third sentence, the landlord may require the tenants concerned to form an antenna association, which shall be responsible for the establishment and operation of the shared antenna system. A board must be elected for the antenna association. It is the board's responsibility to inform the landlord of the board members, so that the landlord can address these members with binding effect regarding questions concerning the antenna system. The board must simultaneously send a copy of the association's articles of association to the landlord. The antenna association is liable for damages caused by the shared antenna system. The articles of association must include provisions that the association must take out liability insurance and comprehensive insurance regarding the antenna system, and that the association must bear the costs of removing the antenna system and restoration in the event of dissolution. The landlord may require the association to pay a reasonable deposit as security for the landlord's claims against the association, including costs for removal of the antenna system and restoration.
Stk. 5.In the event of significant neglect of the duties specified in subsection 4, the landlord may require the removal of the shared antenna system and restoration.
Stk. 6.Subsections 4 and 5 apply correspondingly to the tenants' establishment of shared supply with access to electronic communication services.
Stk. 7.If the tenant has installed their own antenna under subsection 1 or has been connected to a shared antenna system under subsection 4, the landlord may require the tenant's antenna to be removed and restoration upon the tenant's departure from the tenancy.
§ 144
The tenant has the right to place signage on walls, doors, and windows belonging to the rented property, to the extent customary for the nature of the tenant's business and the property. The tenant also has the right to install awnings, display cases, vending machines, goods, etc., to a customary extent.
Stk. 2.The tenant of a shop or a tavern must keep the business open and in proper operation to a customary extent. Regardless of any opposing agreement, tenants of businesses in shopping communities cannot be required to stay open Monday to Friday after 8:00 PM and from Saturday 5:00 PM to Monday 6:00 AM.
Tenant's Right of Use
§ 145
The tenant of a residential apartment has the right to carry out specified improvement works, etc., in the apartment and, upon vacating, receive compensation for the expenses incurred according to the rules in subsections 4-8. The provision in the first sentence does not apply to tenants in sublease agreements under § 158 and tenants in fixed-term lease agreements under § 173.
Stk. 2.The tenant must notify the landlord of the intended improvement works, etc., in advance. Necessary building permit processes are managed and paid for by the tenant. § 142, subsection 3, applies correspondingly.
Stk. 3.Improvements, etc., under subsection 1 must be reasonable and appropriate. The landlord can refuse the tenant permission to improve the leased property when there are particularly significant reasons, including when the works are inappropriate, such as particularly luxurious or energy-consuming works. The tenant may proceed with the works if the landlord has not objected within 6 weeks after the tenant's notification of the works under subsection 2. The objection must be in writing and specify which works are objected to and the reasons for the objection.
Stk. 4.The compensation is calculated based on the expenses incurred, which must be documented after the completion of the works and noted in the lease contract. The landlord can reduce the basis for calculating compensation by the value of existing installations and building parts, etc., that are included in the improvement works. The landlord can also reduce the basis for calculating compensation if the expenses are deemed disproportionately high.
Stk. 5.The compensation constitutes the portion of the expenses incurred calculated under subsection 4, which, after deducting any support under other legislation, exceeds 16,015 DKK. The compensation can at most be 126,684 DKK. Compensation of less than 3,204 DKK is not paid. Only documented expenses to companies registered under the VAT Act and engaged in construction and civil engineering can be included as incurred expenses. The amounts mentioned in the first to third sentences are stated at the 2021 level and are adjusted annually, cf. § 204, subsection 1.
Stk. 6.Compensation can be granted for multiple improvements, etc., in the same apartment, even if the works are not carried out simultaneously. However, considering the depreciation under subsection 7, the total compensation to a tenant can never exceed the amount limit in subsection 5.
Stk. 7.The originally calculated compensation is depreciated by 10% for each year the improvement, etc., has been in use, but not until 2 years after the improvement has been put into use, unless another depreciation is agreed upon between the tenant and the landlord considering the nature of the works. The date of use for the improvement, etc., along with any special agreement on depreciation of the compensation, must be noted in the lease contract.
Stk. 8.The compensation is paid by the landlord upon the tenant's vacating, if the execution of the works is completed, cf. § 188, subsection 3. The landlord can offset the compensation against the tenant's obligations to the landlord.
Stk. 9.During the depreciation period, cf. subsection 7, a new tenant upon re-letting can either choose to pay the depreciated compensation to the landlord or choose to pay a rent increase that corresponds to the increase in the value of the leased property, cf. § 128. Upon re-letting after the expiration of the depreciation period, cf. subsection 7, the landlord can demand a rent increase that corresponds to the increase in the value of the leased property, cf. § 128.
Stk. 10.If a tenant who has paid the depreciated compensation to the landlord under subsection 9 moves during the depreciation period, the tenant is entitled to compensation corresponding to the depreciated compensation calculated under subsection 7, offset against any obligations to the landlord, cf. subsection 8.
Stk. 11.The Minister of the Interior and Housing establishes detailed rules on the delimitation of improvement works, etc., under § 145.
Tenants' Right to Demand Implementation of Energy-Saving Measures
§ 146
If the landlord provides heating and hot water, and the expenses for this exceed half of the rent for the relevant period according to the most recently issued heating account for one year, the tenant representatives or a majority of the tenants may demand that all or some of the works related to heating and hot water specified in an energy plan, cf. the Act on the Promotion of Energy Savings in Buildings, be carried out. If there is no energy labeling with an accompanying energy plan, cf. the Act on the Promotion of Energy Savings in Buildings, the tenants may, if the situation falls under the first sentence, require the landlord to carry out such energy labeling. It is a condition that the tenant representatives or a majority of the tenants simultaneously agree to a rent increase to cover all expenses resulting from the execution of the works, cf. § 129.
The Rent Tribunal's Competence
§ 147
Disputes regarding the tenant's rights and obligations under this chapter are resolved by the rent tribunal.
Stk. 2.At the request of the tenant representatives or a majority of the tenants, the rent tribunal determines whether the conditions are met to require the execution of works covered by § 146 of the Act.
Stk. 3.The tribunal may require the landlord to carry out the works mentioned in subsection 2 and set a deadline for the completion of each work.
Deviations
§ 148
§§ 142 and 143, § 144 Stk. 2, second sentence, and §§ 145 and 146 cannot be deviated from to the detriment of the tenant.
Chapter 17
Tenant's Use of the Leased Property
Tenant's Proper Use of the Leased Property
§ 149
The tenant must treat the rented property responsibly.
Stk. 2.The tenant is liable for damages caused by negligent behavior by the tenant, the tenant's household, or others whom the tenant has granted access to the rented property.
Stk. 3.Damages requiring immediate repair must be reported by the tenant to the landlord without delay. Other damages must be reported by the tenant without undue delay.
§ 150
The tenant may not use the rented property for any purpose other than agreed upon without the landlord's consent.
Stk. 2.The tenant may not, without the landlord's consent, allow others to use the rented property or any part thereof, except for members of their household, cf. however §§ 157 and 158.
Deviations
§ 151
This chapter cannot be deviated from to the detriment of the tenant.
Chapter 18
Proper Conduct and Order in the Property
Disregard of Good Conduct and Order
§ 152
The landlord must ensure that good order is maintained on the property and, if necessary, terminate the tenancy in the cases mentioned in § 182, nr. 7-10 and 13. The provisions in § 95, and §§ 96 and 97 apply correspondingly to the landlord's breach of this duty.
Stk. 2.The tenant must comply with the general rules of order applicable to the property and must adhere to other reasonable directives that ensure good house order and proper use of the leased premises, cf. § 153.
Stk. 3.The tenant must ensure that the obligations imposed on the tenant under stk. 2 are also observed by the persons for whose actions the tenant is responsible under § 149.
§ 153
A tenant may be subject to legal consequences under § 154 when the tenant engages in behavior that is disruptive to the property, the landlord, the landlord's employees, tenants in the property, or others lawfully present in the property in the following instances:
1)When the tenant engages in or threatens physical violence against the aforementioned persons.
2)When the tenant's behavior poses a danger to the property or the aforementioned persons, including due to the use of weapons or storage of hazardous materials in the rented premises.
3)When the tenant's behavior causes disturbances to the aforementioned persons, such as general insecurity, degradation of the property's environment, or health risks.
4)When the tenant engages in harassment against the aforementioned persons without involving physical violence.
5)When the tenant produces unacceptable noise significantly disturbing the aforementioned persons, such as excessively noisy human behavior, loud music, or loud machinery.
6)When the tenant damages the property or personal property on the premises or in common areas.
7)When the tenant neglects the rented premises.
8)When the tenant's pets significantly disturb the aforementioned persons due to noise, odor, uncleanliness, or causing danger or fear.
9)When the tenant engages in noisy behavior disturbing the aforementioned persons, not covered by the instances in item 5.
10)When the tenant's pet ownership disturbs the aforementioned persons, not covered by the instances in item 8.
11)When the tenant otherwise engages in behavior that is disruptive to the property or the aforementioned persons.
Stk. 2.A tenant may also be subject to legal consequences under § 154 when the tenant keeps pets in violation of the lease agreement or house rules, regardless of whether the pet ownership is disruptive to the property or the persons mentioned in subsection 1.
Stk. 3.The tenant may be subject to legal consequences regardless of whether the behavior described in subsections 1 and 2 is carried out by the tenant themselves, the tenant's household, or others to whom the tenant has granted access to the rented premises.
Legal Consequences of Breach of Good Conduct and Order
§ 154
If the tenant has disregarded good conduct and order, cf. § 153, the tenant may be subjected by the rent tribunal to one of the following legal consequences:
1)The tenancy may be made conditional, so that if the tenant violates specific conditions regarding behavior on the property within 1 year after the decision, there is a basis for terminating or revoking the tenancy according to the rules in chapters 20 and 21.
2)The tenant may be issued a warning that a repeated violation of good conduct and order, cf. § 153, may lead to the tenancy being made conditional as per no. 1, or to the termination or revocation of the tenancy according to the rules in chapters 20 and 21.
Stk. 2.It is a condition for imposing legal consequences on a tenant for disregarding good conduct and order under subsection 1 that the disregard occurs despite the landlord's reminder.
The Rent Tribunal's Competence
§ 155
A case regarding the imposition of legal consequences under § 154 is brought before the rent tribunal by the landlord. If a request has been made for the tenant to receive a warning, the tribunal cannot impose a stricter legal consequence on the tenant.
Deviations
§ 156
This chapter cannot be deviated from.
Chapter 19
Transfer of Usage Rights to Others
Subletting
§ 157
The tenant of a residential apartment has the right to sublet up to half of the apartment's living rooms for residential purposes. The total number of people living in the apartment must not exceed the number of living rooms.
Stk. 2.The landlord must oppose the sublease if the apartment is subject to the rules on maximum occupancy and will be inhabited by more than two persons per living room, cf. § 14, in the Housing Act.
Stk. 3.Sublease agreements must be made in writing, and the tenant must provide the landlord with a copy of the sublease agreement before the sublease period begins.
§ 158
A tenant of an apartment rented exclusively for residential purposes has the right to sublet for up to 2 years when the tenant's absence is temporary and due to illness, business travel, study, temporary relocation, or similar reasons.
Stk. 2.The landlord can oppose the subletting if one of the following conditions is met:
1)The property comprises fewer than 13 residential apartments.
2)The total number of people in the apartment will exceed the number of living rooms.
3)The landlord otherwise has reasonable grounds to oppose the subletting.
Stk. 3.§ 157, subsections 2 and 3, apply correspondingly.
Stk. 4.If deemed reasonable due to demand, the landlord may require that elderly housing or unsupported private care homes be occupied by persons who meet the conditions for consideration for such a dwelling when subletting.
§ 159
The tenant is liable for damages caused by persons who, under the provisions of § 157 and § 158, use the rented property through negligent conduct.
Stk. 2.The tenant is responsible to the landlord for ensuring that the persons mentioned in subsection 1 comply with the rules that ensure good order and proper use of the rented property.
Stk. 3.The tenant is also liable for damages under § 142, subsection 3, for damage caused by installations made by the persons mentioned in subsection 1 in the rented property.
§ 160
The tenant may not sublet without the spouse's consent if this would result in the rented property no longer serving as a joint residence or as a basis for the spouses' or the other spouse's business. If the other spouse is incapacitated, the guardian provides the consent.
Stk. 2.If the other spouse refuses to give consent under subsection 1, or if consent cannot be obtained within a reasonable time, subletting may be permitted upon request from the spouse renting the dwelling or from the other party to the agreement, if there is no reasonable ground to refuse to carry out the agreement. Permission under the first sentence is granted by the Family Court.
Stk. 3.If a spouse has entered into an agreement covered by subsection 1 without the consent of the other spouse and without permission under subsection 2, the agreement may be annulled upon request from the other spouse by a court. However, this does not apply if the other party to the sublease agreement proves that they did not know or should not have known that the spouse was not entitled to enter into the sublease agreement.
Stk. 4.A lawsuit for annulment under subsection 3 must be filed within 3 months after the other spouse became aware of the agreement, but no later than 1 year after the agreement was executed.
Right of Exchange
§ 161
A tenant of an apartment, which is exclusively rented for residential purposes, has the right to exchange with a tenant of another residential apartment, so that the latter takes over the apartment.
Stk. 2.The landlord may oppose the exchange if one of the following conditions is met:
1)The landlord resides in the property, and it comprises fewer than seven apartments.
2)The departing tenant has not occupied the apartment for 3 years.
3)The apartment will be occupied by more than one person per living room after the exchange.
4)The landlord otherwise has reasonable grounds to oppose the exchange.
Stk. 3.If the tenancy is one that the landlord intends to improve in connection with the exchange and subsequently set the rent according to § 19, the landlord must immediately inform the tenant of this and, no later than 1 month after the tenant's notification of exchange, request a preliminary approval from the rent tribunal, cf. § 132. The landlord must send a copy of the request for preliminary approval and information on the expected rent after the improvement to the tenant. When the rent tribunal's preliminary approval is available, the landlord must immediately provide the tenant with a copy. If the landlord fails to provide the information mentioned in the 1st and 3rd sentences, the rent cannot be set according to § 19, if re-letting occurs as part of the exchange. The preliminary approval disregards § 21.
Stk. 4.The tenant must, no later than 14 days after a copy of the rent tribunal's preliminary approval under stk. 3 has been received by the tenant, inform the landlord that the exchange is desired. If not, the tenancy continues on unchanged terms. A preliminary approval obtained under stk. 3 is valid for up to 2 years from the date of approval.
Stk. 5.The landlord must oppose the exchange if the apartment is subject to the rules on maximum occupancy and will be occupied by more than two persons per living room after the exchange, cf. § 14, in the Housing Act.
Stk. 6.If deemed reasonable in consideration of demand, the landlord may, when exchanging senior housing or unsupported private care homes, require that the dwelling be occupied by persons who meet the conditions for being considered for a dwelling of the relevant type.
§ 162
A tenant wishing to exchange and take over an apartment owned by a municipality, a public housing organization, a student housing company, or a foundation must meet the specific conditions applicable to the takeover of such apartments. A pension fund or similar entity that only re-rents apartments to its members upon retirement is considered equivalent to a foundation.
Stk. 2.It may be required that a person obtaining an apartment in a cooperative housing association through exchange must become a member of the association.
Stk. 3.The right to exchange applies regardless of any statutory limitations on residents' exchange rights.
Transfer of Use Rights to the Spouse, etc.
§ 163
If the tenant dies, the spouse has the right to continue the tenancy.
Stk. 2.If the tenant of a residential apartment dies without leaving a spouse, another person who has shared the household with the tenant for a period of at least 2 years immediately prior to the death has the right to continue the tenancy.
Stk. 3.If a tenant of an apartment, partially rented for purposes other than residence, dies and the tenant has operated a business whose continued presence in the property is of significant importance and value to the business, without leaving a spouse, any of the tenant's direct descendants or children-in-law have the right to take over the tenancy, unless the landlord has substantial reasons to oppose it. However, it is a condition that the individual has the necessary knowledge of the industry in which the business has been conducted and wishes to continue the business alone or with their spouse. If the individual does not assume the tenancy, the landlord cannot rent to another party on more favorable terms than those proposed to the individual.
Stk. 4.Otherwise, in the event of the tenant's death, both the landlord and the estate can terminate the tenancy with the usual notice, even if the tenancy was agreed for a specific longer period or with a longer notice period.
Stk. 5.If the rented property is a care home, cf. § 1, stk. 1, 2nd sentence, in the former Act on Housing for the Elderly and Persons with Disabilities, cf. Consolidated Act No. 316 of April 24, 1996, or § 5, in the Act on Social Housing, etc., or an unsupported private care home, cf. § 1, and the tenant dies without leaving a spouse or others with whom the tenant has shared a household as mentioned in stk. 2, termination can occur with 1 month's notice notwithstanding stk. 4. The deceased resident's belongings, etc., may be stored in accordance with § 8 of the Act on the Administration of Estates.
§ 164
If the tenant of a residential apartment moves to a nursing home, sheltered housing, or similar due to age or illness, or to a care home pursuant to § 1, stk. 1, 2nd sentence, of the former Act on Housing for the Elderly and Persons with Disabilities, cf. Consolidation Act No. 316 of 24 April 1996, or § 5, of the Act on Social Housing, etc., to an unsupported private care home, cf. § 1, or to a free care home, § 163 and 2, shall apply correspondingly.
§ 165
In the event of the tenant's separation or divorce, or annulment of the tenant's marriage, it shall be determined, if necessary, at the time of the separation, divorce, or annulment, which of the spouses has the right to continue the tenancy. The spouse whose business is connected to a commercial premises has priority to this and the associated residence.
§ 166
If parties who have shared a household for at least 2 years terminate their cohabitation, they may agree on which party shall have the right to continue the tenancy of an apartment that has served as their common residence. If the parties cannot agree on an arrangement, cf. the 1st sentence, a court may decide, when special reasons, particularly considering the interests of the parties' minor children, warrant it, which party shall have the right to continue the tenancy. § 165, 2nd sentence, applies correspondingly.
§ 167
If the tenant has left their spouse, the spouse has the right to continue the tenancy under the rule in § 163.
Deviations
§ 168
The tenant cannot waive the rights granted to the tenant or others under §§ 157, 158, 160, 161, and 163-167. § 162 cannot be deviated from by agreement.
Chapter 20
Termination
Tenant's Termination
§ 169
The tenant may freely terminate the lease agreement unless otherwise agreed.
Stk. 2.However, the tenant may not terminate the lease of the family dwelling or premises connected to the spouses' or the other spouse's business without the consent of their spouse. § 160, applies correspondingly.
Landlord's Termination
§ 170
The landlord may terminate the following tenancies regarding:
1)Individual rooms for habitation, when the room is part of the landlord's dwelling apartment or is part of a single or two-family house that the landlord occupies.
2)A dwelling apartment in a house where, at the time of the agreement, there are only two dwelling apartments, one of which the owner occupies. This rule applies even if the owner uses one or more rooms in the house for purposes other than habitation, and even if one or more individual rooms in the property are rented out for habitation.
3)An owner-occupied or cooperative housing unit, if the owner or cooperative member intends to inhabit the apartment themselves, provided that the rule only applies to owners of owner-occupied units or owners of shares in housing cooperatives who owned the respective apartment or share at the time the lease agreement was made, and who do not own other rented owner-occupied or cooperative housing units at the time of termination.
4)A dwelling apartment associated with premises for a restaurant, shop, kiosk, or similar use at train stations and in theaters, association buildings, amusement facilities, forests, and parks, etc., where the business is primarily expected to be patronized by the public using the mentioned establishments, forests, and parks, and where the business is directly connected to these.
§ 171
Other tenancies than those mentioned in § 170 can only be terminated by the landlord in the following cases, subject to §§ 172 and 177:
1)When the landlord wishes to use the rented premises personally.
2)When the landlord documents that the property is to be demolished. The same applies when the landlord documents that renovation of the property necessitates vacating the premises, and the property after renovation is covered by the law on public housing, etc., or the renovation is due to expropriation or renovation to fulfill a purpose for which expropriation can be carried out.
3)When the tenant of a residential apartment, since the lease agreement was made, has been employed as a staff member for the property's operation in a role where it is significantly important for the staff member to reside in the property, and the landlord proves that the work has not been performed satisfactorily. Termination can only occur when the apartment is to be re-let to the subsequent staff member.
4)When the tenant of a residential apartment, rented as a worker's or staff residence by the company where the tenant is employed, leaves or has left their employment with the company, and the apartment is to be used by another employee of the company.
5)When the landlord has received notice two or more times under § 86, of the housing law regarding the tenant's failure to comply with final rent tribunal decisions.
6)When the tenant has violated good conduct and order, cf. § 153, nr. 1-8 or 11, cf. § 154, and the situation is such that the tenant's relocation is required.
7)When the tenant has violated the conditions of a conditional tenancy, cf. § 154, nr. 1, and the situation is such that the tenant's relocation is required.
8)When compelling reasons otherwise make it particularly urgent for the landlord to be released from the tenancy.
Stk. 2.If the tenancy concerns a care home under § 1, stk. 1, 2nd sentence, in the previously applicable law on housing for the elderly and persons with disabilities, cf. statutory order no. 316 of 24 April 1996, or § 5, in the law on public housing, etc., or an unsupported private care home, cf. § 1, assigned by the municipality or county municipality, termination under stk. 1 can only occur when the tenant is simultaneously offered another suitable residence.
Limitations on the Landlord's Right to Terminate
§ 172
Regarding the right of termination under § 171, nr. 1, the following limitations apply:
1)If the tenancy concerns a residential apartment, it is a condition that the landlord intends to occupy the apartment themselves.
2)The termination must be reasonable based on an assessment of both parties' circumstances. In making the decision, consideration must be given, among other things, to how long the landlord has owned the property and, in the case of terminating a tenant of a residential apartment, the tenant's ability to find other suitable housing.
3)In the case of premises rented for business purposes, the landlord cannot terminate the lease with the intention of conducting business in the same industry as the tenant.
4)If the rented property is a condominium, the tenancy is only subject to the right of termination if the lease was entered into after the property's division into condominiums. If the lease agreement was entered into on January 1, 1980, or later, it is also required that the tenant was informed at the beginning of the tenancy that the rented property is a condominium and that termination can occur under § 171, nr. 1. If the lease agreement was entered into on July 1, 1986, or later, it is also required that the landlord has previously occupied the apartment.
5)A tenant cannot be terminated as long as the tenant is a resident representative.
6)If the landlord resides in an apartment in the property at the time of giving notice, the landlord must simultaneously offer the tenant the opportunity to take over this apartment.
7)If the property is owned jointly by several persons, the owners can only terminate the tenant of one residential apartment.
Fixed-term lease agreements
§ 173
If the tenancy agreement is for a fixed term, the tenancy ends without notice at the expiration of the agreed rental period. The fixed-term tenancy agreement cannot be terminated during the rental period unless agreed upon or if the other party breaches the agreement.
Stk. 2.If the tenant uses the rented property with the landlord's knowledge for more than 1 month after the expiration of the agreed rental period, without the landlord requesting the tenant to vacate, the tenancy continues without a time limit.
Stk. 3.The Housing Court may set aside the time limitation if it cannot be considered sufficiently justified by the landlord's circumstances.
Offer of Another Dwelling
§ 174
If a tenant of a residential apartment is terminated under § 171, nr. 1, 2, 3, or 8, the landlord must, without undue delay, offer the tenant another apartment in the property if one becomes available for occupancy no later than 3 months after the moving date on which the tenant is terminated, and the apartment must be rented out.
Stk. 2.If a tenant is terminated under § 171, nr. 2, the landlord must, at the same time as the termination, offer the tenant an apartment or premises of the same type as the terminated one, if after reconstruction or renovation, apartments or premises are rented out.
Stk. 3.If a tenant of a residential apartment is terminated under § 171, nr. 2, due to a property being converted into public senior housing or public youth housing under the Act on Public Housing, etc., stk. 1 and 2 only apply if the tenant belongs to the group of persons entitled under the mentioned law.
Stk. 4.If a tenant of a residential apartment, cf. stk. 3, does not belong to the group of persons entitled under the law mentioned in stk. 3, the landlord must, at the same time as the termination, offer the tenant a suitable dwelling. A dwelling is considered suitable when it meets the conditions in § 44, stk. 2, 2nd and 3rd sentences, in the Act on Housing Conditions.
Notices of Termination
§ 175
The notice period is 3 months to the first working day of a month, which is not the day before a public holiday. However, the notice period is 1 month for the tenancies mentioned in § 170, no. 1.
Stk. 2.In the case of termination under § 170, no. 2 and 3, and § 171, subsection 1, no. 1, the tenant is entitled to a notice period of at least 1 year to the first working day of a month, which is not the day before a public holiday.
Stk. 3.If the tenant vacates before the notice period expires, the landlord must endeavor to re-let the premises. What the landlord obtains or should have obtained from re-letting shall be deducted from the landlord's claim against the tenant.
Formal Requirements for the Landlord's Termination
§ 176
The landlord's termination under § 170, nos. 2 and 3, and § 171 must be in writing and include information about the tenant's right to object under subsection 2. The landlord's termination under § 171 must also include information about the reason for termination. If the leased property is rented for purposes other than residence, the termination must also include information about the tenant's rights under §§ 177-179. If the termination does not contain this information, it is invalid.
Stk. 2.If the tenant does not accept the termination, the tenant must submit a written objection no later than 6 weeks after receiving the termination. The landlord must then file a lawsuit with the housing court no later than 6 weeks after the tenant's deadline if the landlord wishes to maintain the termination.
Commercial Protection
§ 177
A tenant who operates a business, where remaining in the property is of significant importance and value to the business, can only be terminated under § 171 if the termination is reasonable based on an assessment of both parties' circumstances.
Stk. 2.In the decision pursuant to subsection 1, consideration must be given, among other things, to the duration of time the business has been conducted in the leased premises, the value of the clientele, the business's net profit, substantial objections to the tenant's person or business conduct, the tenant's treatment of the leased premises, and the tenant's improvements to them.
§ 178
If a tenant operating a business, whose continued presence in the property is of significant importance and value to the business, is terminated, the tenant may be awarded compensation for the termination.
Stk. 2.When determining any compensation under subsection 1, the housing court must, in addition to the factors mentioned in § 177, subsection 2, particularly consider the following:
1)The depreciation of the tenant's furnishings and similar items upon relocation.
2)The tenant's moving expenses.
3)The fact that the property is to be demolished or renovated, and that the tenant was made aware of this upon entering into the lease agreement.
Stk. 3.The tenant shall not vacate the premises until the tenant has received the compensation awarded or the landlord has provided a secure guarantee for the payment of the compensation amount, such as a bank guarantee.
§ 179
If the tenant wishes to accept the termination but claim compensation under § 178, the tenant must notify the landlord no later than 6 weeks after the termination has been received by the tenant.
Stk. 2.Furthermore, the tenant must file a lawsuit with the housing court no later than 6 weeks after the expiration of the deadline mentioned in subsection 1.
§ 180
The Housing Court may determine that the entire compensation or a part thereof must be repaid to the landlord if the tenant reopens a business in the same industry within a time limit set by the court of no more than 3 years and within a distance set by the court from the previous business premises.
Stk. 2.The tenant must not open a business in the same industry within the distance set by the court in terms of time and place before the tenant has repaid compensation in accordance with the rules in subsection 1.
Deviations
§ 181
Sections §§ 171-179, regarding termination by the landlord, cannot be deviated from by agreement to the detriment of the tenant, as long as the landlord has not terminated the tenant.
Stk. 2.The tenant cannot waive their spouse's right under § 169, subsection 2.
Chapter 21
The landlord's right to terminate the lease agreement
When can the landlord terminate the lease agreement
§ 182
The landlord may terminate the lease agreement in the following cases, subject to § 183:
1)When rent or other obligatory monetary payment is not paid on time, cf. subsection 2.
2)When the leased property is used for purposes other than agreed, and the tenant does not cease despite the landlord's objection.
3)When the tenant opposes the landlord or others accessing the leased property, where they are entitled to do so under § 54, subsection 1, no. 3, § 102, § 126, subsection 2, and § 186.
4)When the tenant vacates the leased property prematurely without agreement with the landlord.
5)When the tenant neglects the leased property and does not promptly restore it after the landlord's objection.
6)When the tenant wholly or partially transfers the use of the leased property to another in cases where the tenant is not entitled to do so, and does not cease the situation despite the landlord's objection.
7)When the tenant has violated good conduct and order, cf. § 153, subsection 1, no. 1-8 or 11, cf. § 154, subsection 2, and the situation is such that the tenant's relocation is required.
8)When the tenant has violated the conditions of a conditional tenancy, cf. § 154, subsection 1, no. 1, and the situation is such that the tenant's relocation is required.
9)When someone is penalized under § 4 of the Act on the Prohibition of Visitors in Certain Premises for having received visitors in or near the leased property contrary to a prohibition issued under the law, or when the tenant is penalized under § 8, subsection 1, of the Act on the Prohibition of Using Certain Properties as a Meeting Place for a Group for having used the leased property as a meeting place contrary to a prohibition issued under the law.
10)When the tenant or members of the tenant's household are sentenced to an unconditional prison sentence or another criminal sanction of a custodial nature for violating §§ 119, 119 b, 134 a, 180, 181, 192 a, 216, 237, or 244-246, § 252, subsection 1, §§ 260, 266, 276 a, 281 or 288 or § 291, subsection 2, of the Penal Code or under § 3 of the Act on Narcotic Drugs for possessing narcotic drugs with the intent to distribute, and when the violation is committed within 1 km of the property where the lease is located.
11)When the tenant of a shop or tavern, despite the landlord's objection, does not fulfill the obligation to keep the business open and in proper operation.
12)When a tenant, who is to pay rent wholly or partially by performing work, grossly neglects their duties in performing the work, and the employment relationship is thereby terminated.
13)When the tenant otherwise breaches their obligations in such a manner that the tenant's removal is required.
Stk. 2.The landlord may only terminate the lease agreement due to late payment if the tenant has not remedied the arrears no later than 14 days after written demand has been received by the tenant. The landlord's demand can be made no earlier than the third weekday after the last due payment date and must explicitly state that the lease agreement may be terminated if the rent arrears are not paid by the deadline. If the weekday mentioned in the second sentence is a Saturday or Constitution Day, the demand can be made no earlier than the following weekday. If the deadline mentioned in the second sentence falls on a public holiday, a Saturday, or Constitution Day, the deadline is extended to the next weekday. The landlord may charge a fee of 287 DKK for the demand. The amount mentioned in the fifth sentence is set at the 2021 level and is adjusted annually, cf. § 204, subsection 1. The fee is an obligatory monetary payment in the lease.
Stk. 3.If the lease agreement concerns a care home under § 1, subsection 1, second sentence, of the previously applicable Act on Housing for the Elderly and Persons with Disabilities, cf. Consolidation Act No. 316 of April 24, 1996, with later amendments, or § 5, subsection 2, of the Act on Social Housing, etc., or an unsubsidized private care home, cf. § 1, subsection 5, assigned by the municipality or county, the agreement can only be terminated under subsection 1 when the tenant is simultaneously offered another suitable dwelling.
Additional conditions for terminating the lease agreement
§ 183
If the tenant's fault is deemed insignificant, the landlord cannot terminate the lease agreement.
Stk. 2.The landlord cannot invoke the circumstances mentioned in § 182, nos. 1-6, if they are rectified before the landlord terminates the lease agreement.
Tenant's and landlord's obligations after termination
§ 184
When the landlord terminates the lease agreement, the tenant must immediately vacate and pay rent, etc., for the period until the tenant could have vacated with the usual notice. The tenant must also compensate the landlord for any loss, including the costs associated with the tenant's eviction from the rented property.
Stk. 2.The landlord must endeavor to re-let the property. What the landlord earns or should have earned from re-letting during the period mentioned in subsection 1 must be deducted from the landlord's claim against the tenant.
Deviations
§ 185
This chapter cannot be deviated from so that the landlord can terminate the agreement for reasons other than those mentioned in § 182, cf. § 183, or that these should have more extensive consequences for the tenant than stipulated in § 184.
Chapter 22
Tenant's Departure
§ 186
If notice of termination has been given, or if the rented premises must be vacated for another reason, the tenant must allow access to inspect the premises. The tenant sets the time for this. It must be at least 2 hours every other weekday at a time convenient for an inspection. This can only take place with the participation of the landlord or their representative when the tenant is not represented.
Stk. 2.The tenant must, no later than 8 days before vacating, provide the address to which notifications, including claims under § 187, can be sent.
§ 187
The leased property must be vacated no later than 12:00 noon on the day of departure. The tenant must return the leased property in the same condition as at delivery, except for deterioration due to wear and tear not covered by the tenant's maintenance obligation, and defects that the landlord is responsible for repairing. The tenant cannot be required to return the leased property in a better condition than it was received.
Stk. 2.The landlord cannot assert claims under subsection 1 when more than 2 weeks have passed since the inspection, cf. subsection 3, or from the day of departure for leases not covered by the obligation in subsection 3. Costs for repairs not included in the departure report, cf. subsection 4, are not the tenant's responsibility. However, the 1st and 2nd sentences do not apply if the defect cannot be recognized with ordinary diligence or if the tenant has acted fraudulently.
Stk. 3.Landlords renting out more than one residential apartment must inspect the residential apartment no later than 2 weeks after becoming aware that the departure has taken place. The departing tenant must be notified in writing of the inspection with at least 1 week's notice. However, the landlord and tenant may agree on shorter notice when the tenancy is terminated or canceled.
Stk. 4.The landlord must prepare a departure report in connection with the inspection, cf. subsection 3. The report must be delivered to the tenant at the inspection or sent to the tenant no later than 2 weeks after the inspection if the tenant is not present at the inspection or refuses to acknowledge receipt of the report.
Stk. 5.In case of violation of subsections 3 and 4, the landlord's claim for repairs under subsection 1 lapses.
§ 188
Improvements made by the tenant may only be removed when the tenant restores the rented premises to the condition in which they were received.
Stk. 2.If the tenant has made alterations to the rented premises with the landlord's consent pursuant to § 141, the landlord may only require restoration if the landlord reserved the right to do so when granting consent.
Stk. 3.If the tenant has initiated improvement works, etc., with compensation upon moving out, cf. § 145, and § 63 of the previously applicable Rent Act, cf. Executive Order no. 963 of August 11, 2010, and these are not completed, the landlord may either require the works to be finished or potentially demand restoration.
Deviations
§ 189
§ 187, Stk. 1, 3rd sentence, Stk. 2, 1st sentence, where there is an obligation to conduct a move-out inspection pursuant to § 187, and Stk. 3-5, cannot be derogated from by agreement to the detriment of the tenant.
Jurisdiction of the Rent Tribunal
§ 190
The Rent Tribunal makes decisions in disputes regarding the rules in §§ 187-189.
Chapter 23
Tenant Representation
§ 191
The purpose of the tenant representation scheme is to allow tenants to elect representatives who can safeguard the tenants' interests in relation to the landlord and act as a negotiating party with the landlord. A significant aim of the scheme is to ensure the best possible foundation for cooperation between the tenants and the landlord in each property. To ensure good and constructive cooperation on matters of common interest in the property, the landlord and tenant representatives must strive to maintain a high level of mutual information regarding decisions about the property. To promote cooperation, the landlord should involve tenant representatives in all matters of significant importance to the tenants in the property.
Stk. 2.Tenant representatives may do the following:
1)Obtain information about who owns the property and who manages it.
2)Discuss any matter of importance to the operation of the property with the landlord.
3)Be kept informed when apartments in the property are re-leased.
4)Be kept informed about the landlord's hiring and dismissal of property staff.
§ 192
In properties with at least six residential apartments, tenants have the right to elect tenant representatives.
Stk. 2.When establishing a tenant representation in a property, at least 50% of the tenants present at a tenant meeting must elect tenant representatives. If 50% of the tenants are not present at the tenant meeting, a decision to establish a tenant representation must be confirmed by a subsequent ballot among all tenants. Three tenant representatives must be elected. In properties with fewer than 13 apartments, the number is reduced to one.
Stk. 3.In properties with fewer than six and more than two rented residential apartments, a majority of the tenants have the same powers as the tenant representation in other properties. A spokesperson must be elected to represent the tenants to the landlords. The spokesperson must act in accordance with the majority decisions of the tenants.
Stk. 4.If a tenant representation has been established in a property, it continues until it is decided to dissolve it, cf. however, stk. 5 and 6. A decision to dissolve the tenant representation must be discussed according to the rules in stk. 2.
Stk. 5.If it cannot be determined with certainty whether there is still a tenant representation in the property, including whether the elected tenant representatives still reside in the property, the landlord may request all residential tenants to inform in writing within a certain deadline who the tenant representatives are. The response deadline must be at least 6 weeks, excluding the month of July. If the landlord has not received the requested information by the end of the response deadline, the tenant representation is considered dissolved.
Stk. 6.The tenant representation is dissolved if no tenant meeting with the election of tenant representatives has been held for 2 years.
Stk. 7.If several properties owned by the same owner are continuously constructed as a single development and these properties have shared open spaces or any form of operational community, a tenant representation can be established when the properties have at least six residential apartments in total. The same applies where several properties are jointly assessed or jointly registered in the land register. In such properties, the tenant representation must include all properties.
Stk. 8.In a property divided into owner-occupied apartments, the rules on tenant representation apply to tenants if the landlord owns at least six residential apartments in the owners' association.
Stk. 9.In a property owned by a cooperative housing association, the rules on tenant representation apply if at least six residential apartments are not occupied by shareholders.
Stk. 10.The Minister for the Interior and Housing lays down detailed rules on holding tenant meetings and electing tenant representatives and on covering expenses related to tenant representation.
§ 193
If tenant representatives are elected, a tenant meeting can adopt house rules. These rules shall apply unless the landlord has substantial reasons to oppose them.
Stk. 2.In properties divided into condominiums and in properties owned by cooperative housing associations, all residents must be invited to the tenant meeting that decides on the house rules. One vote may be cast for each residential apartment.
§ 194
The landlord must, within 2 weeks from the final decision, inform the tenant representation when decisions are made regarding tenancy matters that wholly or partially favor a tenant and do not concern house rules in the property or properties related to the tenant representation. In properties without a tenant representation, the landlord must, within 2 weeks from the final decision, inform all tenants when decisions are made regarding tenancy matters that wholly or partially favor a tenant and do not concern house rules in the property.
Stk. 2.The notification must be given in writing and include information on the subject of the dispute and the outcome of the decision. The notification must also include a copy of the decision made. If the notification does not contain this information, it is invalid. The information mentioned in the first sentence can be provided digitally, including by making the information available on a digital platform, when the landlord has notified the tenant accordingly.
Stk. 3.Violation of subsection 1 is punishable by a fine or imprisonment for up to 4 months, unless a higher penalty is warranted under other legislation.
Stk. 4.Companies, etc. (legal entities) can be held criminally liable according to the rules in Chapter 5 of the Penal Code.
Deviations
§ 195
This chapter cannot be derogated by agreement to the detriment of the tenant. § 194 cannot be derogated.
Chapter 24
Right of First Refusal
Scope
§ 196
In properties used wholly or partially for residential purposes, the landlord must offer the tenants the property for acquisition on a cooperative basis before transferring the property to another party.
Stk. 2.The rules on the obligation to offer apply to properties used exclusively for residential purposes and containing at least six residential apartments. The rules also apply to other properties with at least 13 residential apartments.
Stk. 3.The rules on the obligation to offer do not apply to properties divided into condominiums. However, this does not apply to the condominium that, according to § 16, of the Act on Condominiums, contains the dwellings in the original property, and the condominium that, according to § 20, stk. 1, 3rd sentence, of the Act on Condominiums, contains the dwellings and any premises for purposes other than residence in the original property.
Stk. 4.The rules on the obligation to offer apply when transferring properties covered by the Act on the Rental of Public Housing, if the property is not covered by the same Act after the transfer. However, this does not apply to properties located in a vulnerable housing area, cf. § 61 a, of the Act on Public Housing, etc., or a housing area that does not meet the conditions in § 61 a, of the Act on Public Housing, etc., but is covered by a joint development plan or a municipal development plan, cf. § 168 a, or § 168 b, of the Act on Public Housing, etc.
Stk. 5.The obligation to offer under stk. 1 and 2 is maintained even if the owner undertakes subdivision, registration, or land transfer according to the Act on Subdivision and Other Registration in the Cadastre.
Other Rights
§ 197
The offer obligation respects private pre-emption rights and purchase rights registered before 3 May 1979, but otherwise takes precedence over other rights concerning the property, regardless of when they were established.
Activation of the Offer Obligation
§ 198
The offer obligation applies when the property or a part thereof is transferred by sale, gift, merger, demerger, or exchange. The offer obligation also applies when shares and interests in joint-stock and limited liability companies that own properties are transferred, if the acquirer thereby obtains the majority of votes in the company.
Stk. 2.However, the offer obligation does not apply in the following cases:
1)When the acquirer is the state or a municipality.
2)When the acquirer is the current owner's spouse or is related or connected by marriage to the owner in a direct ascending or descending line or in the collateral line as close as siblings or their children.
3)When the acquirer is a current co-owner.
4)When the acquisition occurs by inheritance, unless the acquirer is a legal entity.
5)When the property has been owned within the last 5 years by a cooperative housing association, a housing joint-stock company, or a housing limited liability company.
Fulfillment of the Obligation to Offer
§ 199
The obligation to offer is fulfilled when the owner presents an offer to all tenants of residential apartments, stating that a cooperative housing association formed by the residents can acquire the property for the same purchase price, cash payment, and other terms that the owner can achieve by selling to another party. The terms must be such that they can be met by a cooperative housing association. The acceptance period must be at least 10 weeks, excluding the month of July when calculating the period.
Stk. 2.In the event of an intended sale, the offer must be accompanied by documentation that the owner can achieve the offered terms through the sale. In the case of an intended transfer by gift, merger, demerger, or exchange, or in the event of an intended inheritance allocation, an assessment and valuation must be conducted to determine whether the purchase price and other offered terms correspond to the property's market value as a rental property, following the rules in § 343 of the Administration of Justice Act.
Stk. 3.In the transfer of shares and interests, where the obligation to offer under § 198, stk. 1, 2nd sentence, applies, an assessment and valuation must also be conducted, cf. stk. 2. However, this does not apply to the transfer of shares and interests in companies that do not own any assets other than the property subject to the offer obligation.
Stk. 4.At the latest, simultaneously with the offer, the owner must provide usual information about the property, including the property's operating expenses, rental conditions, and balances on the various accounts that the owner must maintain under this law. The acceptance period mentioned in stk. 1 runs from the time the tenants receive the information. The information mentioned in the 1st sentence can be provided digitally, including by making the information available on a digital platform, when the landlord has notified the tenant thereof.
Stk. 5.The owner can reject the cooperative housing association's acceptance if the association does not, upon request, document that it can pay the required cash payment.
Stk. 6.If the owner's offer is not accepted, the property can be transferred to others by sale on the offered terms or by gift, exchange, or inheritance allocation, provided the deed is submitted for registration no later than 1 year after the offer to the tenants.
Registration
§ 200
The Minister of Justice lays down rules on the registration of documents concerning the transfer of a property subject to an obligation to offer.
Deviations
§ 201
§§ 196-200 cannot be deviated from by agreement to the detriment of the tenant.
Chapter 25
The Housing Court
Substantive Jurisdiction
§ 202
Disputes regarding tenancy covered by this Act may be brought before the district court in the first instance, unless the matter can be brought before the rent tribunal or the appeals board in the Municipality of Copenhagen under this Act. The court is referred to as the housing court.
Stk. 2.However, the parties may agree, once a dispute has arisen, that the dispute can be brought before the housing court without the rent tribunal and the appeals board in the Municipality of Copenhagen having handled the case.
Stk. 3.Subsections 1 and 2 do not limit the enforcement court's right to conduct an immediate enforcement proceeding, cf. the Administration of Justice Act, Chapter 55, regarding the eviction of a tenancy that has been terminated due to the tenant's breach of good conduct and order.
Deviations
§ 203
This chapter cannot be deviated from.
Chapter 26
Regulation of Amounts and Amount Limits
Chapter 27
Delegation
Chapter 28
Calculation of Gross Floor Area
Chapter 29
Commencement, etc.
§ 207
The Act enters into force on July 1, 2022.
Stk. 2.The Rent Act, cf. Consolidation Act No. 927 of September 4, 2019, is repealed.
Stk. 3.The Act on Temporary Regulation of Housing Conditions, cf. Consolidation Act No. 929 of September 4, 2019, is repealed.
Stk. 4.The rules in § 3, in Act No. 609 of December 21, 1983, § 4, in Act No. 419 of June 1, 1994, § 2, in Act No. 461 of June 12, 1996, § 11, stk. 3, 5, 7, and 8, in Act No. 406 of May 31, 2000, § 5, in Act No. 1090 of December 17, 2002, § 6, in Act No. 1219 of December 27, 2003, § 9, in Act No. 1235 of December 27, 2003, § 7, in Act No. 488 of June 9, 2004, § 3, in Act No. 632 of June 11, 2010, § 4, in Act No. 517 of June 5, 2012, § 6 and 4, in Act No. 439 of May 6, 2014, § 5, stk. 3, 6, and 10, in Act No. 310 of March 30, 2015, § 4, in Act No. 643 of June 8, 2016, § 7, in Act No. 550 of May 30, 2017, § 3, in Act No. 1561 of December 19, 2017, § 58, in the previously applicable Rent Act, cf. Consolidation Act No. 927 of September 4, 2019, § 3 and 3, in Act No. 817 of June 9, 2020, § 3 and 3, in Act No. 818 of June 9, 2020, and § 3, in Act No. 819 of June 9, 2020, continue to apply.
§ 208
Rules established pursuant to the Rent Act, cf. Consolidation Act No. 927 of September 4, 2019, and the Act on Temporary Regulation of Housing Conditions, cf. Consolidation Act No. 929 of September 4, 2019, remain in force until they are repealed or replaced by regulations issued under this Act or the Act on Housing Conditions.
§ 209
The rules in Chapter 23 and §§ 131, 138, and 161 do not apply to properties acquired by a municipality or an approved redevelopment company before March 1, 1975, and which are covered by an approved redevelopment plan.
§ 210
In assessing whether the tenancy meets the monetary requirements in § 19, subsection 2, second sentence, improvements made pursuant to § 58, subsection 3, in the previously applicable Rent Act, cf. Consolidation Act no. 927 of 4 September 2019, are also not included.
Stk. 2.In the comparison under §§ 20 and 42, tenancies improved pursuant to § 58, subsection 3, and § 62 b in the previously applicable Rent Act, cf. Consolidation Act no. 927 of 4 September 2019, are also disregarded.
Stk. 3.In assessing the rent and the value of the leased property under §§ 20 and 42, rent increases under § 58, subsections 3 and 4, and § 62 b in the previously applicable Rent Act, cf. Consolidation Act no. 927 of 4 September 2019, and improvements under § 46 a, subsection 3, § 58, subsection 3, and § 62 b in the previously applicable Rent Act, cf. Consolidation Act no. 927 of 4 September 2019, are also disregarded. Rent increases for allocations under § 18 b in the previously applicable Act on Temporary Regulation of Housing Conditions, cf. Consolidation Act no. 929 of 4 September 2019, and improvements implemented for amounts allocated under this provision are also disregarded.
Stk. 4.In addition to the cases mentioned in § 171, the landlord can terminate the tenant when the tenant violates the conditions of a conditional tenancy pursuant to § 79 b, subsection 1, no. 1, in the previously applicable Rent Act, cf. Consolidation Act no. 927 of 4 September 2019, and the situation is such that the tenant's relocation is required.
Stk. 5.If the tenant has made alterations to the leased property with the landlord's consent under § 28 in the previously applicable Rent Act, cf. Consolidation Act no. 927 of 4 September 2019, the landlord can only demand restoration, notwithstanding § 188, subsection 2, if the landlord reserved the right to do so when granting the consent.
Stk. 6.If the tenant has initiated improvement works, etc., with compensation upon vacating, cf. § 62 a, subsection 1, in the previously applicable Rent Act, cf. Consolidation Act no. 927 of 4 September 2019, and these are not completed, the landlord can either require the works to be finished or possibly demand restoration.
§ 211
If the portion of the rent previously allocated for maintenance and repair under former regulations is greater than the amounts specified in §§ 117 and 119, the higher allocation is maintained until the rent increases implemented pursuant to §§ 23 and 127-130 exceed the previous allocation amounts.
Stk. 2.If the portion of the rent previously allocated for maintenance and repair under former regulations is less than the amounts specified in §§ 117 and 119, the lower allocation is maintained until a rent increase is implemented pursuant to §§ 23 and 127-130.
§ 212
For properties that as of July 1, 2015, are no longer subject to the rules in Chapter X A of the Rent Act, cf. Consolidation Act No. 963 of August 11, 2010, with subsequent amendments, the amount in the account under § 63 a of the same act is paid out according to the rules in Chapter X A of the same act. No improvement rent increase can be notified for properties covered by the first sentence until the amount in the account under § 63 a of the Rent Act, cf. Consolidation Act No. 963 of August 11, 2010, with subsequent amendments, has been paid out. The Rent Tribunal decides on the annulment of improvement rent increases charged in violation of the second sentence. For accounts with a negative balance, the landlord continues to collect and allocate amounts under §§ 63 a and 63 b of the Rent Act, cf. Consolidation Act No. 963 of August 11, 2010, with subsequent amendments, until the account is balanced. When the balance in the account is paid out or balanced, the rent must be reduced accordingly. The Rent Tribunal decides on the reduction of the rent according to the fourth sentence.
§ 213
The Act does not apply to the Faroe Islands and Greenland.