It often comes to a dispute between a tenant and a landlord during the time when renting or when moving out. Find out how to handle these disputes and what the steps are in this article.
Steps towards a case
Disputes regarding tenancies are not processed at the Danish courts at first as “traditional” cases are, but at the Danish Rent Committee – or at the Housing Court, if the dispute is regarding the termination or repeal of the lease. This means that you cansue your landlord after moving out, or even when you are still living in the tenancy, but there is a different way of bringing the case than usually.
If you and your landlord do not agree on a topic, there is a line of steps to follow. The first step depends on whether or not there is formed a group of representing tenants in the building in which you live.
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Benefits of the membership
1. Object to the landlord’s unjust claims
The first step is always to make your landlord aware, that you do not agree with the claim, that the landlord has put forward. Get the objection in writing to make sure, that you have documentation, as proof of an objection can demanded in some cases. It could be on e-mail, by text or by a recommended letter. It is also a good idea to ask for the landlord to confirm that he or she received the text or the e-mail, as you will only have proof of the landlord receiving the objection otherwise by sending a recommended letter.
OR: 1. Reach out to the group of representing tenants
If there is formed a group of tenants representing the rest of the tenants in the building, the first step is to reach out to this group. It is then the groups’ responsibility to reach out to the landlord and represent the tenants in cases where there is a dispute between the tenant and the landlord.
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2. Send a complaint to the Danish Rent Committee
If you and your landlord cannot come to an agreement regarding the dispute, the next step is to send a written complaint to the Danish Rent Committee. There is a Rent Committee in every municipality in Denmark. In 2019, the application fee is 312 DKK. The written complaint needs to contain necessary documentation of the dispute between you and your landlord – for example correspondence that shows the issue.
3. Housing Court
If either you or your landlord does not agree with the verdict at Danish Rent Committee, the case can be appealed to the Housing court. The case needs to be brought before the Housing Court within four weeks of the verdict from the Danish Rent Committee, or else the verdict is final.
The Housing Court also takes the cases, that the Danish Rent Committee is not able to pursue. Including are cases about disputes regarding the termination or repeal of the lease.
To bring a case before the Housing Court, one part has to send a subpoena to the other part. After documents have been send between the parts, the case will end at a trial in the Housing Court. If the parts do not agree with the verdict from the Housing court, the case can be appealed to one of the two High Courts placed in Denmark.
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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.
Keep it civil
Even though you have a disagreement with your landlord, it is always advised to try keeping a civil tone, no matter how unjust you feel the landlord is. A lot of conflicts between landlords and tenants are based on misunderstandings and can be solved by communicating.
Start out the dialogue in a friendly way and not with listing all of the paragraphs in the Danish law, that states that you are right. In this way, you make sure to keep it on a civil basis.
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.