§ 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.