Subletting: rules, requirements and pitfalls for tenant and sublessor

What is subletting?

Subletting (fremleje) means that you, as a tenant, let another person, the subtenant, live in all or part of your home in return for payment. You yourself remain the tenant towards your landlord and are still responsible for the tenancy, including for the rent and the condition of the home.

It is important to distinguish between partial subletting (for example one or more rooms, where you continue to live there yourself) and full subletting (the whole home, while you temporarily live somewhere else). The rules are not the same for the two situations.

Partial subletting: one or more rooms

As a tenant you have the right to sublet up to half of the home's habitable rooms for residential use. The condition is that the total number of people living in the flat does not exceed the number of habitable rooms.

Habitable rooms are living rooms and bedrooms. A kitchen, bathroom and hallway do not count as habitable rooms.

For partial subletting you do not need the landlord's prior permission, but the landlord is entitled to a copy of the sublease contract.

Full subletting: the whole home

You have the right to sublet the whole home for up to 2 years, when your absence is temporary and due to a legitimate reason such as:

• Illness
• A study stay
• A business trip or posting abroad
• A temporary transfer or military service

The point is that you plan to return to the home. The sublet must therefore be time-limited.

When can the landlord object to full subletting?

The landlord can object to full subletting if:

• The property comprises fewer than 13 habitable flats
• The total number of people in the home would exceed the number of habitable rooms
• The landlord otherwise has a reasonable ground to object to the sublet

For full subletting you must give the landlord written notice with a copy of the sublease agreement, and the notice must as a rule reach the landlord no later than 3 weeks before the start of the sublet.

Requirements for the sublease contract

A sublease contract should contain:

• The parties' details: your name as sublessor and the subtenant's name
• The home's address and a description of what is sublet
• The rent: you may not charge more than you pay yourself, with a reasonable addition for furniture and consumption
• The sublease period: start and end date (subletting must be time-limited)
• Deposit: at most the equivalent of 3 months' rent
• Notice period in accordance with the rules of the Rent Act

For subletting of the whole home, the standard form A10 must be used. A10 is the authorised standard form for subletting, and terms that put the subtenant in a worse position than the form and the Rent Act are as a rule invalid.

Rent, deposit and prepaid rent

As a sublessor you may not charge higher rent than you pay yourself for what is sublet. You may, however, add a reasonable amount for:

• Furnishing, if the home is sublet furnished
• Consumption costs such as electricity, water, heating and internet

In addition to a deposit of at most 3 months' rent, you can require up to 3 months' prepaid rent. Deposit and prepaid rent are calculated on the rent excluding consumption costs.

The subtenant can complain about the level of the rent to the rent tribunal (huslejenævnet). If you charge too much, the tribunal can reduce the rent, and you can be ordered to repay the amount overcharged.

When the sublease has finally ended, you must settle and repay any surplus deposit. This must happen without undue delay after the subtenant moves out.

Ending the sublease

The sublease ends automatically on the expiry of the agreed period. If you want to terminate early, the notice rules agreed in the contract, within the framework of the Rent Act, apply.

If you yourself are given notice by your landlord, the sublease also ends. The subtenant must, however, be given reasonable notice to find a new home.

Good advice before you sublet

• Always make a written sublease contract. Without a written agreement, and if you sublet in breach of the rules, you risk, in the worst case, that your own tenancy is terminated.
• Make sure the sublease agreement does not conflict with your own tenancy agreement or the house rules.
• Carry out a move-in and move-out inspection with the subtenant, so you have documentation of the home's condition. Otherwise you can end up liable for damage the subtenant has caused.
• Keep all correspondence with the landlord and the subtenant.

A correct and complete sublease contract protects both you as sublessor and your subtenant, and it is your best evidence if a disagreement later arises.