Renting a room or an apartment is possible without a written form of agreement, by means of a verbal agreement, or actual state. Such agreement is legally binding and is subject to tenancy laws – huslejelov. For our own safety and for evidence reasons, it is better, however, to draw up a written form of the contract. When signing an agreement we learn about our rights and particular duties. Such agreement entitles a tenant to apply for rental grants or financial support from the kommune.
Rental agreement – specimen
There exists one specimen of rental agreement. The specimen available here is not obligatory to use, but may be helpful when preparing your own contract for its detailed content which will prevent us from missing any aspect of the contract.
Download the specimen of rental agreement HERE
The price agreed upon in the contract is not absolutely mandatory. It may appear to be too high, but it is worth knowing that there is a possibility of reducing the amount indicated in the contract. Thus, as soon as the document is signed, the tenant has still a chance of changing the price for the rent.
The general rule is that rental period shall be indefinite.
If the lessor wishes to sign an agreement with a particular renter for a definite period of time, it is permitted only once for a two years period of time, or longer only for major reasons such as overseas employment assignment. If the owner of several properties signs several different contracts with various tenants for a definite period of time giving the same reason (the said job abroad), it is illegal.
The agreement signed for a definite period of time expires on the date indicated in the agreement unless otherwise permitted by the law. After that date, the agreement becomes an agreement for an indefinite period of time, which can be terminated only for such reasons as rent arrears or a breach of the tenant's duties.
Additional duties and charges – check paragraph 11 of the agreement
Pay special attention to paragraph 11 of the agreement which covers all the information regarding additional charges and duties. This is where the owners/administrators tend to use abusive clauses most often. If such clauses appear in the agreement, the tenant is released from paying the illegal charges, or from the duties indicated in the abusive clause. The owner/administrator has no right to terminate the agreement claiming that the tenant fails to fulfill tenant's duties and obligations arising out of the contract if the duties prove to be illegal. If the owner/administrator takes legal steps and goes to the court, he or she will definitely lose the case.
The most important clauses defining tenants' duties specified in paragraph 11 should be additionally highlighted (in bold type, italics or underlined), otherwise they may be the basis for revocation.
In order to identify the abusive clauses in the agreement, it is necessary to send the contract to a professional, also after signing, to check its legality and the validity of tenant's duties, as well as to learn what tenant protection it guarantees. The consultation of the agreement can be made with a lawyer or a tenants' organization if you are a member.
Read also: Renting in Denmark – what you should know?
Correspondence with the owner/administrator
The agreement provides the way of communication between the parties: how to signal defects, the address of correspondence (both electronic and traditional mail accepted). The exception is in the case of termination of the agreement: The tenant may terminate the agreement via e-mail, if such possibility is provided in the contract or by traditional mail to the owner's address, but the owner must send a registered letter to the tenant's address for correspondence.
Handover protocol and reporting defects
The new tenancy laws of July 01st, 2015 provide that both owner and tenant must draw up a protocol of the current condition of the property as of the date of moving in and moving out. The protocol is - next to the agreement - the most important document for the settlement of the deposit.
Having moved in, any defects not mentioned in the agreement must be reported to the owner within fourteen days. New or hidden defects that come into light later on, must be reported immediately to the owner/administrator without any delay, and in writing as agreed in the contract.
The owner of the property may require from the tenant a security that may take a form of:
1) down payment (maximum of threefold monthly rent) - forudbetalt leje;
2) deposit (maximum of threefold monthly rent).
The total amount of security may not exceed the sextuple monthly rent (it is not allowed to demand a deposit in the amount of the sextuple monthly rent). The agreement must specify both: the amount of the down payment and the amount of the deposit.
The tenancy law regulates in detail the rules for the settlement of the deposit and does not allow the owners to freely charge the tenants with the costs of renovations. This can be achieved by means of the handover protocol and the provisions of law, which state that the owner cannot charge the tenant with all costs of the full scope renovation of the property, but with the costs of repairs arising out of the normal use of the property, or the changes resulting from the protocols accepted on the day of moving in and moving out.
Pay the bills
Pay your bills and rent always on time and keep the confirmations of payments. Make sure if the transfer did not return to your bank account and clarify all discrepancies in payments, be it overpayments or underpayments. The importance of timely payments is crucial given the fact that it is the number one reason for the termination of the contract with immediate effect.
The renter has a right to underlet the whole property. The law provides such possibility due to compelling reasons such as illness or a two years employment assignment abroad, or otherwise as agreed by the owner and tenant in the contract. It is also possible to underlet only a part of the property.
1. Check personal data of the owner of the property, or other person whom you are renting the property from.
2. On the day of moving in, draw up the handover protocol, as detailed as possible, with pictures.
3. Read the agreement carefully before signing and clarify all doubts at once.
4. Pay your bills and rent timely and keep the receipts.
5. Enroll in a tenant organization in Denmark, especially if you plan a longer stay in Denmark.