Many tenants are in doubt as on how to terminate their leases. Here you will find a guide to how you can most effectively terminate your rental agreement with your landlord.
The guide includes:
- What is termination notice and how long is this?
- When does the notice period enter into force?
- Termination of a lease: This must include the termination
- An example of how termination of an apartment can look
- How to hand your termination
What is a termination notice and how long is it?
In relation to termination of a lease, the rent act has established some deadlines that apply to landlords and tenants. As a tenant, it will depend on the type of residence:
- If it is an apartment or house to be terminated, there are 3 months termination notice
- If it is a room without a separate kitchen that has to be terminated, then the notice is 1 month
These deadlines apply as a general rule. Please note, however, that if there are other terms regarding termination in section 11 of your lease, this will in principle be valid for the lease. Therefore, you and the landlord may have agreed a longer notice period than 3 months. However, the special terms in section 11 shall not apply if they are in violation of the Danish rent act.
There may be instances where you have not signed a contract or there is no mention in section 11 of the lease. In these cases, the general rules of the rent act are applicable. However, this will mean that the notice period is 1 month for rooms and 3 months for an apartment or house.
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When does the termination period begin?
If there is nothing else in your lease, the termination period will begin from the start of the coming month from the termination. The termination period will be 1 or 3 month (s) from this time, depending on the residence type. That means, if you want to terminate a lease with 3 months of notice, so that you leave on April 1, termination must be made by December 31st. For example, you can terminate your lease on December 13th.
Keep in mind that during the termination period it may be a good idea to get ahead of the landlord with repairs. This can be done by reviewing the same points that you and the landlord underwent upon the move in inspection. If you do not have your move in report, ask the landlord for a copy. The lesser the landlord needs to repair, the greater part of your deposit you can get back.
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Termination of a lease: This must be include in the termination
In relation to formalities there are only 2 points that you as terminating tenants must meet:
- Make sure that the landlord agrees that there is a termination
- That the termination is in writing
Opposite to the landlord, it is not required of you to justify your termination of the lease. Nevertheless, there are 6 points we recommend your termination contains to avoid misunderstandings between you and your landlord.
- Your name and contact information
- The address of the residence
- Date of move out
- Date of when the landlord can re-let
- Your new address. If at the time of termination you have not yet received a new address, the landlord must be notified at the latest about this 8 days prior to move out
- Your bank information, thus the landlord has a place to transfer any excess deposit
Example of how a termination of your residence may look
How to hand in your termination
Once you have filled in your template for termination of a lease, the next is to hand over it. If the landlord and the tenant have entered into a digital communication agreement, the tenant may terminate his lease by e-mail. If this is not agreed, both parties must send letters with the mail. It will therefore be of crucial importance for you as a tenant to terminate the lease per. mail or letter, based on what is specifically agreed in the lease. However, we always recommend using both things, as well as getting a landlord to acknowledge receipt of the termination so that everything can be documented.
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Please note that if you as a tenant choose to send your termination per. mail, even if you and your landlord have not agreed to digital communication, it will still be valid if the landlord responds or confirms the termination in the same way.
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.
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