The rental contract 2026: a complete guide for landlords and tenants
A complete guide to the rental contract in 2026: legal requirements, Standard form A 10th edition, deposit, termination and your rights as landlord and tenant under the Rent Act.
Thor, Dokumentkonsulent
Whether you are about to let your first flat or are about to sign a new rental contract as a tenant, it is crucial to understand what the document actually says, and what the law says it must say. A rental contract is legally binding from the moment of signing, and many conflicts between landlords and tenants arise because one or both parties were not aware of what they agreed to.
This guide goes through the Rent Act's requirements for the rental contract, what the standard form involves, and what you as a landlord or tenant should watch for in 2026.
The Rent Act: what applies?
The current Rent Act (lov om leje, Act no. 341 of 22 March 2022) took effect on 1 July 2022 and still applies in 2026. With the reform, the former Rent Act and the Housing Regulation Act were carried forward and split across two acts: the Rent Act and the Housing Conditions Act. The reform was mainly a structural and linguistic modernisation, not a change to the substantive rights.
Important principles in the current Rent Act:
- An authorised standard form is used for most private residential leases
- Strong tenant rights, where many terms to the tenant's detriment are invalid (the Rent Act is largely mandatory)
- The role of the rent tribunal (huslejenævnet), which decides disputes about rent, deposit and maintenance without court proceedings
- Digital communication is as a rule permitted unless a party opts out. Certain notices, for example a demand on rent arrears (section 182), may not be sent electronically
Standard form A, 10th edition
Most private residential leases must be entered into on the authorised standard rental contract, Standard form A, 10th edition (Typeformular A, 10. udgave), which was approved by the ministry and has been in use since 1 September 2022. From 1 January 2023, only the 10th edition may be used; the earlier 9th edition is obsolete and refers to the old section numbers.
The form ensures that both parties know their rights and obligations. It contains:
- Standard terms that are legally approved
- The option of individual additions in section 11
- A clear division of areas of responsibility
Important rule: If the landlord deviates from the standard form in a way that is to the tenant's detriment, the term can be declared invalid, even if the tenant has signed.
Time-limited leases
There is no separate "Standard form B" for residential leases. A time-limited lease is entered into on the same Standard form A, with the time limit agreed in section 11. A time limit is only valid if it is sufficiently justified by the landlord's circumstances. If the justification is insufficient, the rent tribunal or the housing court can set aside the time limit, so the lease is regarded as open-ended.
When does the standard form not apply?
The standard form applies to private residential leases. Commercial leases follow other rules (the Commercial Lease Act), and social housing and cooperative housing have their own sets of rules.
What should a rental contract contain?
A rental contract for a residential lease should, among other things, contain:
1. The parties
- The landlord's full name, address and civil registration or CVR number
- The tenant's full name and address
- The date the agreement is entered into
2. The address and description of the property
The precise address including floor and door. Also describe what is being let: is it a flat, a room or a house? Is a basement, attic, parking space or other shared facility included?
3. The start of the tenancy
The move-in date, that is when the tenant takes over the home and starts paying rent.
4. Rent and payment terms
- The monthly rent
- The due date (typically the 1st of the month)
- The payment account
- Any rent increase and adjustment method (for example net-price indexation, where the conditions are met)
5. Deposit and prepaid rent
This is one of the most frequently misunderstood parts of the rental contract:
Deposit:
- A maximum of 3 months' rent
- Used to cover the landlord's legitimate claims on move-out (repairs, unpaid rent and so on)
- Must be repaid within a reasonable time after move-out, less any legitimate claims
Prepaid rent:
- Corresponds at most to the notice period and to a maximum of 3 months' rent
- Is not a deposit but prepaid rent for the last months of the lease
- Cannot be used for repairs
The combined maximum for deposit and prepaid rent is 6 months' rent. If the landlord demands more, the excess is invalid. If the rent is reduced by the rent tribunal, the deposit and prepaid rent must be reduced correspondingly.
6. On-account payments for heating and water
State the on-account amount and the settlement method. The landlord must settle heating and water consumption at least once a year and refund any excess.
7. Termination and notice periods
The Rent Act's standard terms:
- The tenant's notice period: typically 3 months (for a single room in the landlord's own home the notice can be shorter)
- The landlord's notice period: as a rule 1 year, and only on the limited grounds the law allows
An important point for landlords: The tenant has very strong protection against termination. The landlord can only terminate on limited, statutory grounds (for example own use of the home or the tenant's material breach). A termination from the landlord must be in writing, contain a valid reason and state the tenant's right to object. The tenant can object within 6 weeks, after which the landlord must bring the case before the housing court if the termination is maintained.
8. The maintenance duty
The Rent Act divides maintenance into internal and external maintenance:
- Internal maintenance: painting, whitewashing and wallpapering of walls and ceilings and painting and lacquering of floors indoors. The contract states whether the tenant or the landlord has the internal maintenance duty
- External maintenance (normally the landlord's responsibility): everything else, including the roof, façades, shared areas and technical installations
The parties' maintenance responsibility can be adjusted in the contract within the limits of the law, but deviations to the tenant's detriment can be invalid.
9. House rules
A reference to any house rules in the property. The house rules are part of the tenancy, even though they are a separate document.
10. Additions (section 11)
In section 11, the parties can agree individual terms that deviate from the standard form's terms, but only within the limits of the Rent Act. Typical additions:
- A ban on or permission for pets
- A requirement of written termination also from the tenant
- Parking spaces
- Maintenance obligations that deviate from the standard
- Free rent-setting and net-price indexation, where the conditions are met
Warning: Unreasonable terms in section 11 can be set aside by the rent tribunal, even if the tenant has signed.
Move-in inspection and move-in report
A landlord who lets more than one residential unit must carry out a move-in inspection and prepare a move-in report documenting the condition of the home at move-in. The tenant must be summoned to the inspection, and the report must be delivered at the inspection or within 2 weeks.
Why is it important?
- The move-in report documents the condition of the property when the tenant took it over
- If a professional landlord does not comply with the move-in inspection duty, the right to demand repairs on move-out can lapse
- The tenant should read the report carefully and add any comments
For a landlord who only lets one home, a move-in inspection is not a legal requirement, but it is strongly recommended for evidential reasons.
Move-out and repairs
Move-out is the most frequent source of conflict. Here are the most important rules:
Ordinary restoration: The tenant must return the property in the same condition as at takeover, less normal wear and tear.
What can the landlord charge for?
- Damage beyond normal wear and tear (for example holes in walls or deep scratches in the floor)
- Neglected maintenance that was the tenant's responsibility
What can the landlord not charge for?
- Normal wear and tear over time
- Damage present at move-in and documented in the move-in report
- Improvements beyond the property's condition at move-in
Move-out inspection and move-out report: A landlord who lets more than one residential unit must hold a move-out inspection and deliver a move-out report. Claims for repairs not included in the move-out report as a rule cannot be demanded afterwards.
The level of rent and its regulation
Free rent-setting vs. cost-based rent
Which rent rules apply depends on the type, location and age of the property:
Free rent-setting applies, among others, to:
- Owner-occupied flats and detached houses let privately
- Homes in buildings taken into use after 31 December 1991
Cost-based rent applies, among others, to:
- Older rental properties in regulated municipalities
Demanding a rent above what is allowed in regulated properties can mean the tenant can have the rent reduced and be refunded overpaid rent.
The rent tribunal
Are you in doubt whether the rent is reasonable? Or is there a conflict about the deposit, maintenance or termination? The rent tribunal is often the right forum. There is a fee to bring a case (DKK 367 in 2026), and the tribunal's decisions are binding unless brought before the housing court within 4 weeks.
Special tenancy situations
Subletting
If you sublet your home, you normally need the landlord's acceptance. In a sublet, you are still responsible to the landlord; your subtenant is only responsible to you.
Letting a room in your own home
If you let a room in your own home, special rules apply. You have easier access to termination, and the tenant protection is weaker for the tenant.
Cooperative housing
Cooperative homes cannot be freely let on market terms. The Cooperative Housing Act and the cooperative's bylaws set narrow limits on letting.
Checklist before you sign
As a tenant
- Is it the official Standard form A, 10th edition?
- Is the rent reasonable relative to the market and any regulation rules?
- Are the deposit and prepaid rent within the legal maximum (3 plus 3 months)?
- Are the move-in and move-out terms clear?
- Is the maintenance responsibility clearly divided?
- Are any additions in section 11 reasonable?
- Has a move-in inspection been agreed?
- Do you understand the termination terms?
As a landlord
- Is the standard form (10th edition) filled in correctly and completely?
- Are the deposit and prepaid rent stated correctly?
- Have you planned a move-in inspection and report (if you let more than one home)?
- Are any special terms (pets, parking and so on) stated in section 11?
- Is the rent in line with the applicable rules (free or cost-based)?
Frequently asked questions
Can the landlord demand more than 3 months' deposit?
No. The maximum deposit is 3 months' rent. In addition, the landlord can demand prepaid rent corresponding to the notice period, but at most 3 months. The combined maximum is 6 months' rent. If the demand exceeds this, the excess is invalid.
Can the tenant give shorter notice than 3 months?
As a rule no. Three months is the ordinary notice period for the tenant. A shorter notice can apply for a single room in the landlord's own home.
Can the landlord terminate the lease without cause?
No. The landlord can only terminate on limited statutory grounds, for example own use of the home, demolition or the tenant's material breach. A termination without cause is invalid.
What do I do if the landlord makes an unjustified deduction from the deposit?
Bring the case before the rent tribunal. It costs a fee (DKK 367 in 2026) and is typically decided within a few months. The tribunal's decision is binding unless brought before the housing court.
Is a digital rental contract valid?
Yes. A rental contract signed digitally, for example via MitID or another recognised digital signature, is legally equivalent to a paper contract.
What happens if there is no written rental contract?
The tenancy still exists, but it is much harder to document what was agreed. The Rent Act's ordinary rules apply, and disputes are harder to resolve. Always use a written contract.
Conclusion
A rental contract is more than a piece of paper; it is the framework for your home or your investment. Under the current Rent Act, tenants' rights are strong, and many terms to the tenant's detriment are invalid. As a landlord, it is crucial to use the correct standard form (10th edition) and understand the rules you are bound by.
The content of this article is for guidance only and does not constitute legal advice. The rent rules vary depending on the type of municipality (regulated or unregulated), the type of property and the year of construction. Consult a lawyer or a tenant or landlord organisation for advice on your specific situation.
This article is for general guidance only and is not individual legal advice. LegalDock documents are templates — consult a lawyer about your specific situation.