10 ways your landlord may be tricking you
Do you think the Rent Act is messy? Are you worried that you have been cheated by your landlord? Are you in doubt that your landlord obeys the rules?
Do not worry, many Danes feel the same way, and we can understand why. Because, unfortunately, there is a big chance that this is happening. Therefore, we have made a simple list for you of situations where your landlord may not be obeying the rules and where most tenants are being cheated. Note that the guide is made for Rent Act signed after the 1st of July 2015.
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1. Rent increases based on a graduated lease
The first thing we often see when one has been scammed by a landlord is in relation to the new Rent Act. Because according to the new legislation, rent increases based on fixed percentages or amount is no longer allowed. Instead, it should be done per the net price index, otherwise the annual increase is not valid.
2. The lease is written on an obsolete type form (Type Form A, 8th Edition)
On 1/7-2015 a new type form came into effect; Type A, 9th edition (also called Type Form A9 in everyday language). The A8 has therefore expired and may no longer be used. The consequence of landlords using the wrong type form is that the contents of the lease are declared void and as a result, the lease will be regulated by the Rent Act.
3. You are required to pay for renovation and stairwell cleaning
In order to claim additional services, it requires a legal basis in the Rent Act, which there is not for renovation and stairwell cleaning. Therefore, it is not legal for the landlord to demand separate payment for these services. Tenants who has paid for services that does not have a legal basis, can require a refund if the payment happened no later than 3 years prior.
4. You pay a-conto, but there are no individual meters in your residence
To pay a-conto is to pay for your water and electricity consumption in advance. The amount is calculated based on your previous consumption and may be subject to change. You usually pay a- conto with your rent or every third month. Do note, that a-conto is not a part of your rent, but a separated payment. Once a year, your actual consumption will be calculated, and based on your usage, you will either get your money back or must pay extra. If you do not have individual meters for your consumption in your residence, you are not required to pay a-conto. The landlord must make water and electricity consumption a part of your rent, and the amount has to be fixed. A-conto payment with no individual meters is not legal.
5. You must pay for "reconditioning" upon relocation
Halfway in the list of things where you may have been cheated by the landlord is regarding reconditioning. In the new rental act, landlords may no longer require refurbishment, but only normalization of the inventory. That is, landlords can no longer claim payment for wear and tear.
6. You are denied permission to sublease
The Rent Act has a clear set of rules for when a landlord cannot deny a tenant permission to sublease their residence. If it is allowed according to law, not even a section 11 agreement in lease can deny a tenant this right.
7. Your landlord is unjustifiably accusing you of making damages
While staying in the lease or upon moving out, the landlord suddenly accuses you of damaging something in the residence. This is why it is always a good idea to make a list of defects and take many pictures of the residence.
8. You are charged with a larger amount of maintenance than you should
If you are not subject to an extended maintenance obligation in Section 11 of the lease, internal maintenance ONLY applies to painting of ceilings and woodwork, wallpapering or painting the walls as well as lacquering of floors.
9. "An oral agreement is not valid"
Many tenants are told by their landlords that an oral agreement is not valid and must instead be written. This is not the case in Denmark.
10. You pay too much in rent
The last item on the list of where you may be cheated by your landlord, is the rent. It is a classic that the tenant pays too much in rent. Often, landlords simply determine a rent, which they believe they are entitled to. However, there are very clear rules on how the rent should be calculated and what to consider. That is why we often see many tenants paying too much in their rent.
If you think any item above may apply to you or if you have other questions, we advise you to seek professional consultation. Being cheated in any kind of situation can cost you a lot of money if not addressed in time.
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