Rental contract for landlords: Danish tenancy rules

Letting out a home in Denmark is a serious legal responsibility. The Rent Act is a distinctly protective law that primarily favours the tenant's interests, and as a landlord you are responsible for complying with a wide range of rules. A deficient rental contract can lead to invalid terms, the loss of claims against the tenant and, in the worst case, liability for damages.

This guide gives you a practical and legally up-to-date overview of what you as a landlord need to know in 2026, from the rental contract and deposit to termination and move-out.

Note: Tenancy law is one of the most complex areas of law in Denmark, and the rules vary depending on the type of home, the municipality and whether you are a professional landlord or a private individual. This guide gives a general overview but does not replace individual legal advice. If in doubt, consult a lawyer or a tenancy-law specialist.

The basic principle of the Rent Act: protecting the tenant

The most important thing to understand as a landlord is that the Rent Act is largely mandatory to the tenant's detriment. That means you and the tenant cannot agree terms that put the tenant in a worse position than the law prescribes, regardless of what the contract says.

Examples of terms that are invalid even if both parties sign them:

• A deposit of more than 3 months' rent
• A notice period shorter than the statutory minimum to the tenant's detriment
• Clauses imposing external maintenance on the tenant contrary to the law
• Prohibitions that cannot be upheld under the law

An invalid term is simply invalid; the rest of the contract is still valid. But it can give rise to disputes and losses.

The current Rent Act

The Rent Act underwent a significant revision in 2022 (in force from 1 July 2022), where the former Rent Act and Housing Regulation Act were carried forward and split across two acts: the Rent Act and the Housing Conditions Act. That has changed the section numbers and the structure, but the basic rules are largely the same.

If you use a rental contract or a standard form from before the reform, you should update it. From 1 January 2023, private residential leases must be entered into on Standard form A, 10th edition.

What should a rental contract contain?

A rental contract should as a minimum contain:

The parties' identity

• The landlord's full name and address, and CVR number if you are a professional landlord
• The tenant's full name
• Any administrator or estate agent with authority

Description of the property

• The full address including floor and flat number
• The floor area of the property
• What is included: basement, attic, parking space, garage
• Any shared areas

Terms of the lease

• Start of the lease: the exact date
• Lease period: open-ended or time-limited with an end date
• Rent: amount, due date and method of payment
• Deposit: a maximum of 3 months' rent
• Prepaid rent: corresponding to the notice period, but a maximum of 3 months' rent
• Rent adjustment: whether and when the rent can be adjusted

Rights and obligations

• Division of maintenance: who is responsible for what
• Heating and water: included in the rent or paid separately
• Rules on subletting
• Pets: permission or prohibition
• Termination terms

Deposit and prepaid rent

Deposit and prepaid rent are two separate concepts that are often confused.

Deposit

The deposit is security for the landlord to cover the tenant's obligations, typically repairs on move-out and any outstanding rent.

• Maximum amount: 3 months' rent (excluding water, heating and so on)
• Repayment: the excess deposit is repaid within a reasonable time after move-out and the final settlement

If you withhold the deposit without a legitimate reason, the tenant can assert a claim.

Prepaid rent

Prepaid rent is rent paid in advance for the period it covers. It is typically offset against the rent for the last months of the lease.

• Maximum amount: corresponding to the notice period, but at most 3 months' rent
• Purpose: protection against rent arrears on move-out

The deposit and prepaid rent together can amount to at most 6 months' rent.

Setting the rent

One of the most complex aspects of letting in Denmark is setting the rent, which depends among other things on:

1. Regulated vs. unregulated municipalities

The rules on cost-based rent apply in the regulated municipalities. Most larger municipalities are regulated, but it varies, so check the rules for your specific municipality.

In regulated municipalities, among other things:

• Rules on the value of the leased property, where the rent may not exceed what is usual for comparable leases
• Special rules on cost-based rent in older properties

In unregulated municipalities, the parties can as a rule agree the rent more freely, though limited by the rules on the value of the leased property and the prohibition on unreasonable rent.

2. The type of home

• Private rental homes: either cost-based rent, free rent (newer homes) or the value of the leased property
• Social housing: its own regulation rules (not covered here)
• Cooperative homes let out: special rules

3. The age of the building

Homes in buildings taken into use after 31 December 1991 can as a rule be let with free rent-setting. Older homes are typically subject to the rules on the value of the leased property or cost-based rent.

The consequence of too high a rent

If you set a rent that is too high, the tenant can complain to the rent tribunal. The tribunal can decide that the rent must be reduced, and the tenant can claim a refund of overpaid rent within the limitation period.

Notice periods

The Rent Act's termination rules are asymmetric; they protect the tenant more than the landlord.

The tenant's notice period

The tenant can as a rule terminate a home with 3 months' notice. For a single room, for example a room in the landlord's own home, the notice can be shorter. A longer notice to the tenant's detriment cannot be agreed.

The landlord's notice period

The landlord can only terminate the tenant on limited, statutory grounds, and the notice period is as a rule 1 year for a residential flat. The lawful grounds for termination include:

• Own use: the landlord wants to live in the home themselves
• Demolition: the property is to be demolished
• Rebuilding: the lease is part of an approved project
• Material breach: the tenant has grossly breached the lease

A termination must be in writing, contain a valid reason and inform the tenant of the right to object. The tenant can object within 6 weeks, after which you must bring the case before the housing court if you maintain the termination. An invalid termination can be set aside, and you risk having to pay damages.

Cancellation: on a gross breach, for example arrears after a correct demand, the lease can be cancelled with immediate effect. That is different from a termination.

Time-limited leases: in a time-limited lease, the tenancy ends at expiry without notice. But the time limit requires a sufficient justification in the landlord's circumstances. If the justification is missing, the tenant can require to continue as an open-ended tenant.

Move-in inspection and move-in report

For landlords with more than one residential unit, it is mandatory to hold a move-in inspection and prepare a move-in report. For landlords with only one home, it is strongly recommended.

A move-in report should:

• Be prepared in connection with the move-in
• Be reviewed with the tenant, who signs it
• Describe the condition of the home room by room
• Document existing damage and defects

The consequence of a missing move-in inspection (for professional landlords): you can lose the right to demand that the tenant pays for damage on move-out.

Photograph thoroughly and note all faults and defects: walls, floors, windows, white goods and so on.

Maintenance: who is responsible?

The Rent Act's starting point is that the landlord maintains the property, including:

• External maintenance (roof, façades, shared areas)
• Installations (heating, water, electricity)

The internal maintenance (painting, wallpapering and lacquering within the property) can by agreement be placed with either the tenant or the landlord. If the contract states nothing else, the law's starting point applies.

In the contract you should specify who is responsible for which types of maintenance, and what constitutes normal wear and tear that the tenant does not pay for.

Move-out and the move-out settlement

The move-out process is a frequent source of conflict. For landlords with more than one residential unit:

1. Hold a move-out inspection You must hold a move-out inspection no later than 2 weeks after you become aware that the tenant has moved out. The tenant is summoned to the inspection.

2. Move-out report Prepare a written move-out report at the inspection, which the tenant receives. Claims for repairs not included in the move-out report as a rule cannot be demanded afterwards.

3. Repayment of the deposit The remaining deposit is repaid within a reasonable time after move-out and the final settlement. Do not withhold the deposit without a specific reason.

The standard form: use the right one

Many landlords use a standard form. After the reform, private residential leases must be entered into on Standard form A, 10th edition. Older forms refer to the old section numbers and should not be used.

The most common mistakes as a landlord

1. Too high a deposit. The deposit may be at most 3 months' rent. If you demand more, the excess is invalid.

2. A missing move-in inspection. As a professional landlord, you will likely lose claims against the tenant for repairs if no move-in inspection has been held.

3. An invalid time limit. A time-limited lease requires a sufficient justification in the landlord's circumstances. If it is missing, the tenant can require to continue as a tenant.

4. A missing move-out report. Claims not included in the move-out report as a rule cannot be demanded afterwards.

5. An unlawful rent increase. The rent cannot be raised freely. An increase requires a legal basis and correct notice.

6. An unclear maintenance agreement. If the contract does not clearly state who has the internal maintenance duty, the law's starting point applies, which may not be what you want.

Conclusion

As a landlord, you are bound by a wide range of mandatory rules protecting the tenant. The most important pitfalls are too high a deposit, incorrect notice periods, missing move-in and move-out inspections and an invalid time limit. Use an updated standard form (10th edition), and seek advice if you are in doubt.

---

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, the type of property and the year of construction. Consult a lawyer or a landlord organisation for advice on your specific situation.