The difference between the old and the new rent act

The difference between the old and the new rent act

On 01.07.15, a new rent act came into force. What new rules have come and what does this mean for you as a tenant? In this article we will teach you about new vs. old rent act. 

Form type

The first thing you will meet in your tenancy is the lease. Previously, the type form was A8 and now its A9. As a result, the type form for tenancies starting after 1 Jul 2015 is A9.
What does that mean for you as a tenant? If the landlord uses the wrong type of form, it can significantly affect your legal rights. If the landlord uses an incorrect type form, certain terms of the lease will be invalid. The terms that will become invalid are terms that deviate from the rules of the rent act. Thankfully, the tenancy will not be terminated. Your right to rent the tenancy will remain. When a condition becomes invalid, it has the legal effect that it is the rent act that applies. This means that the rules in the law apply instead of the term stipulated in the lease.

Example: In the lease it is agreed that the tenant has the internal maintenance obligation. The starting point in the rent act is that the landlord has the entire maintenance obligation. As the condition deviates from the rent act, the condition will be invalid and the rules in the rent act apply. Therefore, the landlord is responsible for internal maintenance. 

Moving in inspection and moving out inspection

It was optional for the landlord to conduct a moving inspection and moving out inspection under the old rent act. However, this has changed. Under the new rent act, amateur landlords and professional landlords are distinguished. If the landlord rents out more than one tenancy, he is a professional landlord. Following the change in the rent act, professional landlords must conduct both moving in and moving out inspections.

What does it mean to you as a tenant?
Compared to the old rent act, the new rent act makes it harder to cheat, as the condition of the tenancy is determined both when moving into the unit and when moving out, and the landlord cannot make unreasonable demands. Furthermore, the landlord may be unable to claim the repair costs covered by you if he or she does not conduct an entry or eviction inspection in a timely manner. In this case, you are not liable for repairs. However, you are still liable for violation in the tenancy. 

You may also like: Move-in inspection and move-in report 

Renovation of the tenancy

Before the change in the rent act, the landlord could demand that the tenancy was renovated as new before moving out. After the change in the tenancy law, the landlord can only demand renovation as normal. Normal repair is whitewashing, painting and wallpapering of walls and ceilings as well as sanding and varnishing of floors.

What does it mean to you as a tenant?
In other words, you cannot be requested to bring a rented space up to the same standard as when you moved in. Your obligation to maintain the rented location only extends to the part of the property you are responsible for. Interior maintenance is typically this responsibility. However, § 11 of the lease may impose a wider maintenance obligation. It is important to be aware of this when entering into a lease.

Why should you get help from DIGURA?

Every month, we help thousands of tenants both via our membership solution and our case processing. When we process the cases, we achieve a positive result for the tenants in 98% of the cases. We are here to help you who are potentially being deceived by your landlord, and you who actually want to keep the money you are entitled to.

Rent increase

Prior to the change in the rent act, it was permitted that a so-called stair tenancy clause had been agreed in the tenancy agreement. However, with the new act, this provision was no longer possible. As a consequence, after 1st of July 2015, the stair rental principle cannot be used to determine the rent. 
But what exactly is a staircase clause? It is a condition in your lease that increases your rent by a certain amount or a certain percentage each year. It will be found in § 11 of your lease.

What does it mean to you as a tenant?
If your lease is from before 01.07.2015, the stair lease clause still applies. The rules thus only apply to leases entered into before the new rent act came into force. If your lease has been entered into after the new rent act came into force, and a stair lease clause has been agreed, this is thus invalid. If you have paid too much in rent as a result of a stair rental clause, you can claim the overpaid refund.

You may also like: The landlords’ right to increase your rent in Denmark 


Previously, it was extremely difficult for landlords to terminate tenants before the new rent act. It still is, because the landlord must have a valid reason for the termination. A valid reason may, for example, be that the landlord wants to live in the rented property himself. A one-year notice must be given if the landlord wishes to terminate the lease. Thus, the tenant has a good chance of finding a new tenancy before moving out.
However, you should be aware that the landlord may also terminate/cancel the rental agreement if you violate the tenancy agreement. 

Holiday home/summer cottage/second home

Until the change in the rent act, summer cottages and holiday homes was covered by the tenancy law. However, they are are no longer covered by the rules of the rent act.

Digital communication

Since 2015, the rules of digital communication have also changed. The changes only had an effect on leases entered into after 1st of January 2018. From 1st of January 2019, the rules apply in all leases. It is a requirement that the landlord in an older tenancy informs the tenant that the rules of digital communication now apply in the tenancy.

What does this mean for you as a tenant?
This means that you can communicate with your landlord via digital media such as e-mail, text messages etc. However, there are certain topics that can not be communicated via digital communication. This is for example if the landlord wants to terminate your tenancy. This must still be done by letter/post.

Get legal advice and avoid being deceived

New vs. old rent act 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 new vs. old rent act 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.

Let us help you

At DIGURA we are always available and easy to reach, you have your own legal advisor, and best of all you only pay if we win your case. Therefore, it is risk free for you to get help from us.

We have achieved a positive result for tenants in 98% of all the cases that we have processed. We have a 9,3 score on Trustpilot, 5 star rating on Facebook, and we have helped more than 1000 tenants. We really want to help you too.

If you are unsure about anything in the article, our team is ready to help in the chat. You can find the chat in the bottom right corner.

If you need legal advice, you can get your case assessed below. It is free and our competent legal team will make a non-committal assessment of your case.

Share this post

Do you want a free assessment of your case?

It only takes 2 minutes to fill out the form.
Afterwards DIGURA will assess your case and get back to you the same day.

The Great Community for Tenants in Denmark

First group in Denmark connecting English speaking tenants. Join to ask questions, learn from tips and tricks, network and stay on top of new updates from DIGURA.