What is an eviction?
An eviction means that the lease is brought to an end and done according to the terms in the rental agreement and the Danish rental act. There are two types of eviction: either the landlord nullifies or terminates the lease.
1. Termination of the lease
A landlord cannot evict you by terminating the lease, unless a certain type of situation and certain demands are met. A termination of a lease means that the lease is brought to an end after the term of notice is up. The tenant has the right to stay in the tenancy in this period.
When is the landlord allowed to terminate the lease?
The landlord can terminate the lease and thereby evict the tenant if one of the following situations applies:
- The tenant rents a single room which is part of the landlord’s tenancy. The term of notice is one month.
- The tenant rents an apartment in a house, that consist of two separate apartments, where the landlord lives in the second apartment. The term of notice is one year.
- The landlord wishes to live in the tenancy himself and owns the tenancy. The term of notice is one year.
- The tenancy is being demolished. The term of notice is 3 months.
- The tenant does not abide by the rules of good customs and order. The term of notice is 3 months.
The term of notices above are seen as a guidance. An agreement of a longer term of notice can be made in the lease under § 11.
Demands to the landlord’s termination of the lease
The termination has to:
- be in writing
- contain information of the reason of to the termination (which must be one of the ones listed above).
- contain information about the tenant’s right to write an objection within 6 weeks from the time of termination.
If the landlords’ termination does not fulfil these demands, the termination is not valid, and the landlord has to give the tenant a new one.
2. Nullification of the lease
That the lease is being nullified means, that the lease stops immediately, and that the tenant has to move out right away. It is not a demand that the tenant receives a notice, as the nullification has an immediate effect. But the tenant is still obligated to pay rent in the following month(s), that correspond to a termination notice.
Even though the tenant has to move right away, there is often given a deadline of a couple of days, as the tenant has to pack up his things.
When can the landlord nullify the agreement
The landlord can nullify the agreement immediately if the tenant has violated the terms of the lease badly. This could be by:
- Not paying rent or any other legitimate money-related obligation, such as on account. The landlord must give a payment deadline of 14 days.
- Using the tenancy to something else than agreed in the lease, such as running a business. The landlord must make an objection to this before nullifying the lease.
- The tenant not giving the landlord access to the tenancy when the landlord according to the Danish rental act has the right to access.
- The tenant not living in the tenancy.
- The tenant renting out the entire tenancy against the rules when the landlord has not allowed subletting.
- The tenant neglecting the tenancy and not repairing damages after the landlord’s warning, resulting in serious damage.
- Not abiding by the rules of good customs and order.
Criterion to be able to nullify
In all of the above mentioned situations, the landlord must give a warning before being able to nullify the lease. In this warning, the landlord has to specify what the tenant needs to make right and the consequences of not doing so.
A time limited lease
If the lease is time limited, either for only a short period or permanently, the landlord cannot terminate or nullify the tenant’s lease in the time limited period, unless it is agreed in § 11 in the lease.
The only exception to this is, if the tenant violates the conditions in the lease.
Why should you get help from DIGURA?
Every month, we help thousands of tenants both via our membership solution and our case processing. When we process the cases, we achieve a positive result for the tenants in 98% of the cases. We are here to help you who are potentially being deceived by your landlord, and you who actually want to keep the money you are entitled to.
What if the tenancy is being sold?
The sale itself does not have any influence on the tenant’s specific lease as a main rule. The new owner of the tenancy will automatically become the tenant’s new landlord and the lease will stay unaffected by the sale.
A exception to this is, if the tenant is a subtenant and only has a lease with his sub-lessor and not the actual landlord. If the tenancy is being sold and the sub-lessor decides to move out, and therefore terminates his lease, the subtenant does not have the right to stay in the tenancy.
The same applies if the sub-lessor is being evicted. The subtenant does not have the right to stay longer in the tenancy than his sub-lessor.
Get legal advice and avoid being deceived
The above is to be seen as a general guidance. We always recommend that you contact us to ensure that you get the proper necessary legal advice that is relevant for your specific case.
You can get help with this problem but also any other matters you may have. Unfortunately, we see many tenants that are being deceived. Often, they miss out on a lot of money – anything from a couple thousands to 30-40,000 DKK. Imagine what else you could spend the money on.
Let us help you
At DIGURA we are always available and easy to reach, you have your own legal advisor, and best of all, you only pay if we win your case. Therefore, it is risk free for you to get help from us.
If you need legal advice, you can get your case assessed below. It is free and our competent legal team will make a non-committal assessment of your case.