Cancellation of tenancy

Cancellation of tenancy

Cancellation of tenancy - Digura.dk

There are a lot of things you need to be aware of if your landlord cancels your tenancy. We will guide you through the most important knowings, rules and law about cancellation of tenancy. 

What does cancellation of tenancy mean?

If your landlord cancels your tenancy, you need to move out of the tenancy immediately. You need to pay rent throughout the notice period, but need to move out instantaneous. 

Example: The tenancy is canceled on 1/4/2019. You as a tenant has a notice period of three months. The tenant must move out of the tenancy shortly after 1/4/2019 and also pay rent until 1/7/2019. 

The landlord must try to sublease the tenancy as soon as possible. If the landlord succeeds in finding a new tenant within your notice period, you don’t need to pay rent from the day the new tenant is moving in. 

Example: The tenancy is canceled on 1/4/2019. The tenant has a notice period of three months. On 1/5/2019, the landlord leases the tenancy to a new tenant. The previous tenant must therefore only pay rent until 1/5/2019. This is because the landlord is not allowed to receive rent from two tenants at the same time.

The difference between cancellation and termination

It is important to distinguish between termination and cancellation of tenancys, as they have widely different consequences. When a landlord is cancelling a tenancy, the tenant must move out immediately. When a landlord is terminating a tenancy, the tenant has a notice period before moving out. 

When can a landlord cancel a tenancy?

There are a total of 12 situations where the landlord can cancel a tenancy. We have listed some of the most typical situations. If you have a doubt about your specific situation, you should always seek guidance.

The most relevant situations: Cancellation of tenancy

  • The payment of the rent didn’t take place in time 
  • The tenancy is used for other than agreed
  • The tenant doesn’t want to give the landlord access to the tenancy, where the landlord is entitled to have access
  • The tenant is moving out at the wrong moment 
  • The tenant is disregarding the tenancy 
  • The tenant leave the use of the tenancy to someone else 
  • The tenant override peace and order 
  • The tenant override the conditions in a conditional tenancy 
  • Other violations 

The most common cancellation instances

Lack of timely payment 
A landlord can cancel a tenant if the tenant don’t pay the rent in time. The landlord must have warned about the consequences before. First, the landlord must give the tenant a written demand for the missing payment. In the demand, the landlord must give the tenant a periode of 14 days to pay the rent. Only when the rent has not been paid after the 14 days after the demand, the landlord can cancel the lease, and the tenant must move out immediately. The demand can be sent earliest on the 3rd working day after the previous payment day. The demand must clearly state that if the payment is not made before the deadline, the tenancy can be canceled.

Law and order isn’t respected 
The landlord can cancel the tenancy if the tenant does not comply with law and order, and the non-compliance is so bad that the tenant’s eviction must be considered necessary. The landlord must notify the tenant before the landlord can cancel the tenancy.

Neglect of the tenancy
If the tenant has neglected the tenancy and doesn’t bring it into better condition when the landlord asks for it, the landlord can cancel the tenancy. It is important to be aware that it is only after a warning where the landlord asks the tenant to fix the negligence that the landlord can cancel the tenancy. The tenant must have been informed that it must be fixed before the landlord can cancel the lease.

Tenant uses the tenancy for other than agreed
An example where the tenant uses the lease for something other than what has been agreed is if the tenancy is used for business without permission from the landlord. The landlord must give the tenant a warning before he can terminate the lease.

If the tenant does not give the landlord access to the tenancy, where the landlord is entitled 
There are situations that give the landlord right to access the lease. This can be, for example, when the landlord has to maintain the tenancy inside. If the tenant denies the landlord access, the landlord can terminate the lease.

If the tenant unjustifiably lets others use the tenancy
If the tenant lets others who are not part of the household live in the tenancy, the landlord can also cancel the tenancy.

What does the tenant's cancellation of tenancy mean?

The tenant’s cancellation of the tenancy means that the tenant can move out of the tenancy immediately. The tenant does not have to wait for the notice period is expired, but can leave the tenancy immediately.

The tenant doesn’t have to pay rent when he cancels the tenancy. It is thus the opposite of if it is the landlord who cancels the tenancy.

There is only a few cases where the tenant can cancel the tenancy. The tenant can cancel the tenancy, if…

  • there is no agreement about when the tenant can move into the tenancy and the tenancy isn’t finish when the lease was entered into. 
  • if the tenancy is defective and the defect must be considered significant, or if the landlord has acted fraudulently and the defect is not remedied within a reasonable time.
  • the previous tenant hasn’t moved out when the the new tenant was supposed to move in. The tenant can cancel the tenancy of the previous tenant doesn’t move out immediately when the landlord has been informed about the situation. 
  • if the use oof the tenancy is in conflict with the legislation, public regulations, etc., and the use of the tenancy is significantly restricted. It is also the case if the landlord has acted fraudulently.

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.

Cancellation of tenancy: What about my deposit?

The tenant’s deposit serves as the landlord’s security, so there is money to repair the tenancy when the tenant moves out. There are no rules in the Tenancy Act about when the landlord must repay the tenant’s deposit. The case law has established that the landlord must repay the deposit when he is finish calculating how much needs to be used for repairs. It is typically 4-6 weeks. 

You may also like: 5 tips on deposit in Denmark

Must the landlord conduct a final inspection and make a move out report?

The landlord rents out more than one apartment
Landlords renting out more than one tenancy are defined as professional landlords. Professional landlords must conduct a final inspection not later than 2 weeks after the landlord has become aware that the tenant has moved out.

As a tenant, you have the right to be called in for the final inspection with a one-week notice.

If the landlord does not conduct a final inspection within 2 weeks after he became aware of that you have moved out, he loses his right to demand that you pay for any deficiencies in the lease. However, there are few exceptions to this.

The landlord rents out only one apartment
This type of landlord has a two-week deadline to let you know what needs to be fixed and the cost of this. The deadline starts from the time you hand in the keys.

If the landlord fails to inform you within the 2 weeks’ notice, he loses his right to demand payment for any defects in the lease. However, there are a few exceptions to this rule as well.

Move out report 
The move out report is drawn up during the final inspection.

As a tenant, you have the right to receive a copy of this when the final inspection is over. You can either get a written copy or in an e-mail (before you and your landlord go your separate ways).

If you receive it in an e-mail, you must send an e-mail confirming that you received the move out report – also before you go your separate ways. The report must of course be signed by both parties.

If you do not agree with the content, you should not sign. In this case, the landlord is required to send you the vacating report within 2 weeks after the final inspection.

You may also like: Can I sue my landlord after moving out?

Get legal advice and avoid being deceived

This topic can be very complicated as a tenant. The above is to be seen as a general guidance and not as downright legal advice. 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 topic 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 kroner. 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.

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