Subleasing are when the person, who officially is the tenant, subleases the tenancy or parts of the tenancy to another person. It can be difficult to figure out what the rules are when you are leasing.
When the tenant becomes the landlord
As a tenant you are allowed to sublease the rented in a period up to two years. There are some clear requirement that must be met – for example if you are away temporarily due to studying abroad, stationing, temporary reassignment, sickness or similar. In the relationship between subtenant and sublessor, you have the opportunity to arrange that the the tenancy can be temporary.
Moreover, you have the possibility of subleasing one or more rooms as long as the part of the residence that you are subleading does not exceeds half of the rented area. This means that you are not allowed to sublease 100m2 of a 150 m2 apartment. Furthermore, there cannot live more people in the residence than there are rooms made for living.
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The sublease agreement
A sublease agreement must always be entered in writing just like the landlord has to have a copy of the lease before the beginning of the lease. It is in this lease agreement that the relationship between the subtenant and sublessor is regulated as well as whether the sublease is fixed by a date and irrevocable or not. As a rule, the sublease agreement works the same way as regular lease agreements, where the tenant can terminate the lease agreement. The tenant must terminate the lease with three months warning at the end of a calendar month.
Typically, these sublease agreements are temporary, and therefore the point of reference is different. Instead, the lease cannot be terminated i the time frame of the lease, unless this has been agreed cf. the Rent Act § 80. If the lease agreement is temporary, you have to be aware whether there has been made a clause in § 11 stating that the lease agreement can be terminated according to the regular regulations about the lease agreement.
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Look through the lease thoroughly
As all other lease agreements, the agreements about sublease is also regulated by what the parties have agreed upon in the lease. It is, therefore, important that the you are aware of whether the lease is temporary and thereby irrevocable in the rental period. Moreover, it is also a good idea to match expectations about the tenancy with the original landlord. By doing so, you enter the tenancy with the best conditions for a smooth and problem free tenancy. The landlord does not always agree that the sublease agreement is legal.
You may also like: Are you going to sublease a room or a whole apartment in Denmark?
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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