The rules regarding subleasing are varying. This article will explain you the rules in regards to the individual cases, so it is easier for you find the terms and conditions that are relevant for you.
Subleasing of your residence
The rent act does not define specifically what is considered a “good reason” to sublease, which is why it can be difficult to assess. Through practice certain situations have occurred and have been defined as “good reasons” most frequent:
- Studying abroad
- Temporary reassignment (could be due to job or travel)
- Circumstances regarding health conditions, that makes it necessary the subleasing the residence
As a rule, your landlord cannot object to you the right to sublease, unless he has a specific reason to do so. A reason could be, that the landlord knows the subtenant is related to criminal activity, and there is a VERY good reason to suspect that the lease will be violated.
There is however a small detail which applies to whether the landlord can oppose to you the right to sublease.
The Danish tenancy law determines, that if the estate, in which you are currently leasing, does not consist of more than 13 apartments, the landlord have the right to deny your request for subleasing your tenancy.
In addition, it is also illegal to sublease your tenancy to more people, than the number of rooms in your residence.
Keep in mind that it is you, as the sublessor, who will be held accountable, if the lease is violated or if the rent is not paid in time.
You may also like: How to terminate your lease in Denmark
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.
Sublease parts of your residence
Do you wish to sublease a part of your residence for example a bedroom? Then the rules regarding subleasing one room differ from the ones regarding subleasing your entire residence. If you want to attach a roommate to the lease, the rules are more favorable.
The only rule you have to take into account, is that you are not allowed to sublease more than 50% of your tenancy. For instance, if your tenancy is 100m2, the subleased room cannot make up for more than 50m2 meaning 50%.
Keep in mind that if you sublease part of your tenancy these will not be included in the lease between you and the landlord. Instead you will have to make a separate lease between you and your sublessee and submit it to your landlord.
We always encourage tenants to openly communicate with their landlords, to prevent miscommunication on both sides.
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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