Terminating a lease as a tenant: notice and rules

When can a tenant terminate the lease?

As a tenant in Denmark, you as a rule always have the right to terminate your lease. The current Rent Act (Act no. 341 of 22 March 2022) secures the tenant's right to terminate and sets clear rules for how a termination must take place.

The notice period and the requirements depend on:

• The type of tenancy: private letting, social housing or cooperative housing
• What is agreed in the rental contract
• Whether the tenancy is time-limited

The notice period for tenants

Private residential letting

As a tenant of a private home, your notice period is as a rule 3 months (section 171 of the Rent Act). For a single room the notice can be shorter.

Example: if you terminate with effect from 1 May, you leave by 31 July at the latest.

A shorter notice period

In the rental contract, the parties can agree a shorter notice period for the tenant, but a longer notice to the tenant's detriment cannot be agreed. Always check your contract.

Time-limited tenancies

A time-limited tenancy as a rule cannot be terminated before the end of the agreed period, unless:

• The landlord grossly breaches the lease
• A right to terminate is agreed in the contract

A time limit is only valid if it is sufficiently justified by the landlord's circumstances (section 165 of the Rent Act). If the justification is insufficient, the time limit can be set aside.

Formal requirements for the termination

A termination from the tenant should:

• Be in writing
• Clearly state what is being terminated and from when
• Be signed by the tenant
• Have reached the landlord in good time before the start of the notice period

Proof of receipt

Always send the termination in a way that gives you proof of receipt:

• Registered post
• Email with confirmation (keep the receipt)
• Personal delivery against a receipt

Under the law, a tenant's termination is not required to be in writing, but a written termination with documentation of receipt is strongly preferable for evidential reasons.

What happens on move-out?

The move-out inspection

A landlord who lets more than one home must hold a move-out inspection no later than 2 weeks after the landlord becomes aware of the move-out (section 187 of the Rent Act). The tenant must be summoned with at least 1 week's notice and has the right to attend.

The move-out report

At the inspection, a move-out report is prepared, stating:

• The defects and damage the tenant is liable for
• The normal wear and tear the tenant is not liable for
• Any repair claims from the landlord

Claims for repairs not included in the move-out report as a rule cannot be demanded afterwards. If you disagree with something in the report, you should only sign with a reservation.

Deposit and prepaid rent

The landlord must repay the deposit less any legitimate claims for repairs and additional payment. Repayment must be made within a reasonable time after the move-out and the final settlement.

Mistakes that cost money

Avoid these typical mistakes when terminating:

• Terminating too late; the notice normally runs from the 1st of the month after the termination is received
• No documentation; without proof the landlord can claim the termination never arrived
• Leaving the property too early; you are liable for the rent until the end of the tenancy
• Failing to clean on move-out; the landlord can, depending on the circumstances, deduct cleaning costs from the deposit

Terminating cooperative and social housing

The rules are slightly different here:

Cooperative housing

A cooperative home is not let in the same way as an ordinary rental home; the sale and transfer of the share are governed by the Cooperative Housing Act and the association's bylaws. Contact your cooperative housing association.

Social housing

For social housing, the Act on renting social housing applies. The notice period is normally 3 months, and the termination is sent to the housing organisation.

Frequently asked questions

Can I terminate the lease with shorter notice than 3 months?

Only if your rental contract expressly allows it, or the landlord accepts a shorter deadline. Get any agreement on a shorter notice confirmed in writing.

What if I just leave the property without terminating?

You are still liable for the rent during the notice period, even if you have moved. Failing to terminate can cost you several months' rent plus any cleaning and repair costs.

Can the landlord keep the whole deposit?

The landlord can only withhold the deposit to cover concrete, legitimate claims: repairs beyond normal wear and tear, outstanding rent and any other agreed claims. An unjustified withholding of the deposit can be brought before the rent tribunal.

Conclusion

As a tenant, you can as a rule terminate with 3 months' notice. Terminate in writing, ensure documentation of receipt, and attend the move-out inspection. Then you are in the strongest position if a disagreement later arises about the deposit or repairs.

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The content of this article is for guidance only and does not constitute legal advice. Consult a lawyer or a tenant organisation for advice on your specific situation.