§ 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.