Defects and maintenance
Did your landlord not rectify the deficiencies in the lease? Are you liable for more obligations than the law allows? Get clear peace of mind with a free and non-binding assessment of your case at DIGURA and let us handle your potential case
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How can we help you?
The landlord will not be responsible for any maintenance
The more responsibilities your landlord wants to give you, the more it has to be reflected on your rent.
The landlord does not want to rectify deficiencies
In many cases, the landlord is forced to rectify faults and deficiencies in the tenancy.
Lost right to use parts of the tenancy
You must not accept that you have less access to the tenancy than what is agreed on in the lease. That is not fair.
You will not be compensated
If the landlord fails to meet their responsibilities, then as a tenant you can often demand compensation and reduced rent.
Defects in your tenancy.
You have probably come across the term “defects” before, but therefore it does not mean that you actually know what it means in this context.
When you live for rent, there can be many different things that are potentially considered a defect and that your landlord may have a duty to remedy.
But how do you actually find out who is to be responsible for the repair, and how can you in a good way make a claim against the landlord that he must rectify the defect?
We will review all this for you on this page.
Keep in mind that if you need specific legal advice in connection with a case in your lease, you can join our member club: DIGURA Home for only DKK 79 per month.
What is a Defect?
According to the Rent Act, your landlord must always make the rental property in question available in a condition that is both good and sound, which of course must cover the entire rental period.
When we talk about deficiencies in the lease, we distinguish between so-called original deficiencies that already existed when you moved into the lease, and so the deficiencies that may arise during the lease period.
Let’s say you’re about to move into your new rental home, but when you drag the first moving box in through the door, it’s so dirty that you can actually not move in.
This could be considered a defect, and you would be able to demand that your landlord clean the tenancy before you move in, while at the same time you can receive compensation in the form of a time-limited rent reduction.
Read e.g. about August, which we helped bring a case due to deficiencies in the lease when moving in.
Another example of a shortcoming could be that you take over a lease where the shower out in the bathroom does not work. Here, too, it may be necessary for your landlord to remedy this deficiency.
Unfortunately, we often see defects in many tenancies that the landlord should have fixed. But if you are not aware of your legal rights, then you may end up paying for something that you have no obligation to remedy.
That is why we are at your disposal in relation to navigating you safely through the legal landscape, so that you are always as safe as possible in the event of any conflicts.
Defects with moving in
In connection with your moving-in, it is very important that the errors and deficiencies that you and your landlord find during the moving-in inspection are included in the moving-in report itself.
When you are about to move out of the lease, you have documentation that you do not have to be charged for repairs, as the defect already existed when you moved in.
In addition, you also have 2 weeks from the official move-in date to fill out a so-called error and defect list, where you write down all the things that you may find within the first 14 days such as. scratches in the floor, wear, dents, etc.
Also remember to take pictures of the deficiencies that you find so that you always have your back covered in terms of documentation. The more documentation you have, the better off you are in relation to getting a deposit refunded upon departure.
If you exceed the deadline of 14 days, any defects that may be present will be considered defects that have occurred while you have lived in the lease, which is why the landlord will potentially be able to charge you for repairs.
So now finally remember to make use of this list, as well as fill it out well. Better to write a little too much than a little too little.
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Unlike some of our competitors, DIGURA has no additional fees for services provided. DIGURA has always been fully transparent about our pricing model.
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What is covered in the defects?
If now we imagine that your landlord had just forgotten to tell some very relevant information or perhaps even deliberately lied about this, then your landlord has acted fraudulently.
Of course, you are not liable for these deficiencies, and even if the deadline for reporting errors and deficiencies in the lease of the 14 days has been exceeded, you will still have the opportunity to have them noted.
Sometimes, however, it can also be a hidden defect, which your landlord was also not aware of, and which only shows up after a certain time inside the rental period.
It could be leaky windows or doors, a stove that does not work optimally, a refrigerator, a shower, etc.
Unless it is furniture that you have brought with you to the tenancy, you as a tenant will not be liable for the repair if it is considered that the defect was present when you moved in.
As previously mentioned, the Lease Act points out that the lease must be kept in a condition that can be expected when the lease agreement is entered into.
It also means that if your landlord does not remedy a defect in question when you ask him or her, then you can remedy the defect at the landlord’s expense.
However, we would always recommend that you give it a try to maintain a good dialogue with your landlord , and we can also be helpful with this particular part, so you are always in the best position in your tenancy.
Who is responsible for maintenance?
In relation to the maintenance obligation for a lease, it is basically always the landlord who has both the internal and external maintenance obligation – unless otherwise agreed in the lease.
Often it is you as a tenant who is responsible for the interior maintenance, which can involve everything from painting, wallpapering, whitewashing, or varnishing floors, etc.
At the same time, it will basically be the landlord who has the external maintenance obligation, which involves everything from stairs, staircases, windows, roofs, pipes, electrical installations, basement, etc.
Can mold be classifed as a defect within your tenancy?
In short, yes! Mold is also considered a defect in the lease, and as with other types of defects, there are various aspects that are assessed on the basis of determining who has the duty to repair.
Mold is often a more complex affair, where a distinction is made between whether the lease has been used incorrectly or whether it is due to problems with the building itself.
It is thus very much a matter of proof when it is to be decided whether it is your responsibility as a tenant to rectify the mold growth, or whether it is your landlord’s responsibility.
In mold cases, the extent of the mold also has a great impact on the outcome and on the demands you as a tenant can make on your landlord. It will often be a good idea to seek professional help through legal sparring, or seek out professionals who have extensive experience specifically with mold.
Afraid of being defrauded by your landlord?
Unfortunately, we see a lot of tenants being defrauded in relation to leases. We want to make amends. Get a free assessment of your case down below - Maybe we can find errors in your lease or help secure your deposit in the future.
What else can be agreed regarding deficiencies?
When you need to find the specific agreements that may have been made about your maintenance obligations, then you need to look in § 11 of your lease , where your landlord has the opportunity to write special conditions that apply to the tenancy.
You should therefore always check your lease thoroughly so that you are completely up to date with who is responsible for what, but also whether your landlord makes unreasonable demands that are clearly in violation of the applicable tenancy law.
What are the legal defects?
If you have now entered into a lease agreement, which states in the lease itself some conditions or rights, which then turn out not to be complied with, then there are legal deficiencies.
A legal defect is subject to the same conditions as a physical defect in the lease, and depending on the extent of the defect, you will be able to claim different things from your landlord.
In some cases, you will be able to terminate the lease or otherwise demand compensation in the form of compensation, just as it can also apply in the event of a physical defect.
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Transparent pricing
Unlike some of our competitors, DIGURA has no additional fees for services provided. DIGURA has always been fully transparent about our pricing model.
Specialized in Tenancy law.
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Our most common DIGURA Home cases are listed below:
- Issue with mold in your apartment
- Issue with no heat, electricity or water
- Deficiencies in your apartment that your landlord is unwilling to fix
- Water damage in your tenancy
- Evictions and eviction notices
- Unreasonable demands (for example - changes from previous agreements)
- Issues with pets in tenancy
- Issue with temporary accommodating friends and family in your tenancy
- Removing or adding new tenants to the lease
Can I claim compensation or rent reduction?
If you have been found to have one or more defects in your lease, and it is your landlord who has the duty to remedy, but despite his responsibility does not remedy the defect, then in some situations you will be able to claim compensation.
Most often we see that the cases where compensation can be claimed, deal with storage, mold that has caused damage to your belongings, temporary housing and the like.
In cases where a defect is not so extensive that you definitely have to move from the lease, then in some situations you will be able to claim to have the rent reduced.
A rent reduction can be made on the basis of an assessment that the lease is not worth as much when there are deficiencies. But before this claim can apply, your landlord must of course have a deadline to rectify the deficiencies.
If the deadline is exceeded, then there could be a case in relation to claiming a rent reduction.
Within law and the legal profession, we are also talking about materiality. This means that a defect can be sufficiently significant or extensive that you can terminate your lease. If this happens, you are at the same time entitled to a full refund of your deposit and any prepaid rent, with the counterclaim that you immediately vacate the lease.
Do you need legal advice?
Cases about defects in a lease can be very complicated, and it’s difficult to have a clear overview of your legal rights as a tenant.
At DIGURA, we specialize in tenancy law and advice in this area, so if you suspect that there are deficiencies in your tenancy that your landlord has a duty to rectify, do not hesitate to contact us.
In our member club DIGURA Home, you can become a member for only DKK 79 a month, and you will automatically be assigned to a legal advisory team, which is ready to answer your specific questions either per. mail or phone.
When you seek advice from us, you are also helping to secure yourself against your rights being violated, and we can help you with how to behave in your specific situation.
