There are several things to take care of when moving into a new apartment. Below is our guide on how to make sure that everything is right from the beginning.
Do you want to print a list of defects template? You can download the document at the bottom of the page. It should be noted that the article cannot replace actual legal counseling. You are welcome to contact DIGURA with any questions you may have.
The guide covers the following:
- What type of lease you should have
- How much do you have to pay in deposit and prepaid rent?
- List of defects
- 10 things to be aware of
What type of lease should you have?
The first step to cover is the lease itself. It is important that your landlord uses the correct type form as a lease. It is written in the upper right corner of the first page, what kind of type form is being used.
If the lease was signed after 01.07.2015, Type A, 9th Edition, is to be used as a template for the lease.
If the lease was signed before 01.07.2015, type A, 8th edition, should be used.
It will only affect the landlord in a negative way, if you sign an incorrect type form.
People in subsidized houses must sign Type B, 1998.
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How much do you have to pay in deposit and prepaid rent?
When you move into a new apartment, the landlord is entitled to request an amount equal to three months of rent in deposit (excluding consumption), which they often do. The same rule applies to prepaid rent, where the amount must also correspond to 3 months of rent (excluding consumption). This means that your deposit and prepaid rent must be equal to 6 months of rent or less.
Deposit: It is the landlord’s security blanket when the tenant vacates and is used for repair and cleaning expenses.
Prepaid rent: Used to cover the rent during the termination period.
It is important to know, that that the landlord is not allowed to combine the prepaid rent and deposit. Meaning, the landlord cannot take 5 months’ worth of prepaid rent and the 1 month for the deposit.
Note that some landlords also choose to charge rent for the first month together with the deposit and prepaid rent. The total amount will thus correspond to 7 months’ rent, which is entirely legal.
List of defects
When moving into a new apartment, make sure you to fill out a list of defects. According to the Danish rent act, you will not be held liable for any damage in the apartment, that is included on your list of defects. This list must be sent to your landlord within 14 days of your move in.
We recommend that you also take pictures of the damages you include on your list, to back up your claim later on. Remember to keep a copy of both the list and pictures.
Please note that it is not a requirement that the landlord acknowledge the list you have sent him. Only that the landlord has received it by mail or letter.
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10 things to be aware of
Never transfer payment to the landlord before you have seen the apartment and read the lease.
Make sure that the lease is a standard type form and in the correct version (it is currently type form A9 that must be used).
Never pay under the table. It is important that you can document all payments to the landlord.
If you are more people moving in together, you should consider whether everyone should be on the lease or not. If you are all on the lease, you have the same legal rights (and obligations).
Remember that your landlord may only require the equivalent of three months ‘rent in deposit and the equivalent of three months’ rent in prepaid rent (not including consumption).
Always read Section 11 of the lease thoroughly. This is the most crucial section for your lease and may impose significant obligations on you. However, conditions in which the law is violated are invalid.
Be sure to send your landlord a list of defects within 14 days of moving in.
Get all agreements with landlord in writing so that they may be documented later on. It is a good idea to agree on digital communication with your landlord from the beginning, so al communication may be documented.
Check if your lease is time-limited. Many tenants overlook or misunderstand the importance of this.
Never sign anything that you are unsure about or are not comfortable with. When in doubt, it is always a good idea to contact a friend or DIGURA.