During a rental period as an ordinary tenant it can be hard to know which rights you have. In this article we’ll guide you through your rights as a tenant in Denmark.
Rights as a tenant when the landlord wants to sell
A lot of people wrongly believe that the tenant is obliged to move out if the landlord wants to sell the tenancy. This is not correct. The clear benchmark actually is that the rental agreement will continue on the exact same terms if the landlord wants to sell the tenancy. Yet special rights and conditions that do not follow the tenancy law will be protected without registration. An example can be a condition of non-cancellability agreed in the lease or a special right of use.
When the tenancy gets a new owner, the tenant is of course going to be informed about it. At the same time the tenant is going to receive a message about the fact that the future rent must be paid to the new landlord. The new owner is considered the new landlord, and that’s why the new owner must comply with the obligations according to the original lease. In the same way the new owner must comply with the rules in the tenancy law. This also means that the new owner must comply with the rules about termination and therefor he isn’t justified to force the tenant out the tenancy from one day to another.
The tenant’s rights to have the keys for the tenancy
As a tenant you have the right to have all the keys for the tenancy and therefore you also have the right to refuse the landlord to have a key.
We often see landlords who believe they are fully entitled to have a key for the tenancy but unfortunately this is a misunderstanding. This also means that there may be illegal vigilantism, if the landlord gets unauthorized access when you as a tenant have demanded to have all the keys for the tenancy. The landlords action may be punishable.
Yet it can be a good idea to let the landlord have a key for the tenancy. For example, it can be an advantage in an acute situation like if a water pipe bursts. If you aren’t home it will be ideally for the landlord to get quick access and limit the extent of damage. In the same way it will be an advantage if you lose your key, because the landlord will be able to give you the keys he is in possession of.
Right as a tenant to refuse the landlord access
As a general rule the right of use is handed over to the tenant as soon as a tenancy is entered into. That’s why the landlord can no longer use the tenancy. The landlord has no rights to access the tenancy and the tenant can refuse access.
The landlord however is in his right to get access when the conditions requires it. It may be relevant in extraordinary situations like when a water pipe bursts where the risk of damage is high. Eventually the landlord can get access with the help of a bailiff.
In other situations where it isn’t necessary to get access, there are some rules about the landlords notice of a visit.
You may also like: The landlord’s access to your residence
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Rights as a tenant at eviction
Eviction often can result in conflict, as disagreement about expectations takes place.
Final inspection
Whether you as a tenant is entitled to have a final inspection or not depends on if your landlord rents out more than one apartment.
If your landlord only rents out one apartment
He isn’t obliged to conduct a final inspection and you as a tenant cannot demand it. On the contrary your landlord must inform you about his requirements for refurbishment within two weeks before the day you move out. If your landlord does not inform you within the to weeks, he can not demand payment for refurbishment, unless the tenancy is incorrectly maintained.
If your landlord rents out more than one apartment
He is obliged to do a final inspection. The inspection must be done at the latest two weeks after the landlord was informed about eviction. As a tenant you are entitled to be called in for the final inspection with at least a week’s notice.
If the deadlines are not kept, the landlord loses his rights to demand payment for the refurbishment.
When the final inspection is done, you have the right to receive a copy of the final settlement on the exact day. If you disagree with the content of the settlement and therefore do not sign it, the landlord must send the settlement at the latest two weeks after the final inspection. Same case if you don’t show up.
Deposit
As a tenant you have the right to have your deposit repaid after the eviction if there is an excess amount left after the refurbishment. Whether the full amount it going to be repaid depends on the specific situation, as the landlord must use the deposit for the cost of the refurbishment. It requires that the demands of refurbishment are justified.
If you are in doubt about whether your landlord is entitled to withdraw money from your deposit or not, you can get your case tested on this webside. It’s free and our skilled legal team will complete a non-committal assessment of the case.
Repay must happen 1-1,5 months after the landlord’s final settlement for the costs of the refurbishment. DIGURA are happy to help if you are in a situation where you have been waiting unreasonably long time for repayment of your deposit.
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.
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.
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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.
