What does "cancellation of tenancy" mean?
In the event your tenancy is canceled by your landlord, you must move out immediately. You need to pay rent throughout the notice period, but need to move out instantaneously.
Example: The tenancy was canceled on 1/4/2019. You, as a tenant, have a notice period of three months. Tenant must vacate soon after 1/4/2019 and pay rent until 1/7/2019.
As soon as possible, the landlord should try to sublet the property. 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 imperative to distinguish between termination and cancellation of tenancies, as they have widely different consequences. When a landlord is cancelling a tenant’s lease, 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 reasons for a landlord to terminate a tenant. We’ve compiled a list of some of the most common scenarios. If you’re unsure about your situation, you should always seek legal guidance.
The most relevant situations: Cancellation of tenancy
- The rent wasn’t paid on time
- Tenancy was used for non-agreed purposes
- A tenant does not want to grant the landlord access to the tenancy, even though the landlord has the right to have access
- The tenant is moving out at the wrong moment
- Disregarding the terms of the tenancy
- The tenant gives the tenancy over to someone else
- The tenant is disruptive and noisy.
- The tenant breaks the conditions of the conditional tenancy.
- Other violations of the tenancy.
The most common cancellation instances
Lack of timely payment
If a tenant fails to pay their rent on time, the landlord can terminate the lease. A warning must have been provided in advance. First, the landlord must give the tenant a written demand for the missing payment. The landlord must state in the notice that the tenant has 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 should be sent no later than the third working day following the previous payment date. 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 egregious 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 imperative to be aware that a landlord can only terminate a tenancy after giving the tenant a warning and asking them to fix the problem. The tenant must have been informed that it must be fixed before the landlord can terminate 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 rented 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. As an example, this can occur when the landlord is required to keep a tenancy inside. If the tenant denies the landlord access, the landlord can terminate the lease.
If the tenant unjustifiably lets others use the tenancy
The landlord can also terminate the tenancy if the tenant allows others who are not a part of the household to live there.
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. Tenants do not have to wait for the notice period to expire to terminate their tenancies.
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 finished 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 new tenant was supposed to move in. When the landlord is informed of the situation, the tenant can cancel the tenancy if the previous tenant does not vacate immediately.
- if the use of 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.
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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
As a landlord, you’re considered a professional if you rent out more than one tenancy. After the landlord has become aware that the tenant has moved out, he or she must conduct a final inspection as soon as possible.
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 a 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. When you hand the keys back, the deadline begins.
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
This report is drawn up during the final inspection.
Tenants have the right to get a copy of this after the final inspection is complete. It’s either possible to receive a written copy or a copy via email (before separating from your landlord).
Upon receiving the move out report via e-mail, you must reply confirming that you have received it – also before you part ways. Both parties must sign the report.
You do not have to sign if you do not agree with the contents. In this case, the landlord is required to send you a vacating report within 2 weeks of the last 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 guide 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 not only with this topic but also with any other issue you might have. Unfortunately, we see many tenants that are being deceived. Often, they miss out on a lot of money – anything from a couple of thousands to 30-40,000 kroner. Imagine what else you could spend the money on.
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