Terminating a tenancy as a landlord: the rules

As a landlord, you cannot simply decide to give a tenant notice from one day to the next. Danish tenancy law protects tenants strongly, and strict rules govern when and how a landlord can terminate a tenancy.

This guide reviews the current rules under the Rent Act, when termination is lawful, what the notice document must contain, and the mistakes to avoid.

The Rent Act from 2022

Since 1 July 2022, tenancies in Denmark have been governed by a single consolidated Rent Act. It replaces the previous two acts, the Rent Act and the Housing Regulation Act. The new act changes certain rules, but the basic principles of the tenant's protection against termination are carried over.

When can a landlord give notice?

As a rule, tenants enjoy strong protection against termination in Danish tenancy law. The landlord can only terminate in the situations the law expressly allows, and for no other reasons. The grounds for termination appear in sections 170 and 171 of the Rent Act.

Lawful grounds for termination

1. The landlord wants to live in the home

The most used ground (section 171(1)(1)). The landlord can give notice if the landlord has a genuine, current need to move into the home.

Conditions:

• The need must be genuine and current, not hypothetical
• The landlord must actually live in the home
• The termination must be reasonable on an assessment of both parties' circumstances, including how long the landlord has owned the property and the tenant's ability to find another suitable home (section 172)

2. Demolition or rebuilding

The landlord can give notice if the landlord documents that the property is to be demolished, or that a rebuilding requires the tenant to move out (section 171(1)(2)). This normally requires official approval.

3. The tenant's breach of house rules and the like

Certain matters give the landlord a right of termination rather than cancellation, for example repeated breach of the house rules or disturbance of other residents' peace and order.

Note: gross breaches, for example non-payment of rent, unlawful subletting or vandalism, give a right of cancellation, which is an immediate and more serious response where the tenant must move out at once.

4. Freely terminable tenancies (the landlord's own home)

For certain tenancies, the landlord can give notice without being bound by the narrow catalogue of grounds (section 170), among others:

• Single rooms that are part of the landlord's own flat or of a one- or two-family house that the landlord lives in
• A flat in a house with only two residential flats, one of which the landlord lives in
• An owner-occupied or cooperative home, if the owner intends to live in it (on further conditions)

5. Fixed-term leases

Fixed-term leases with an agreed end date end automatically on expiry and do not require separate notice (section 173). Strict rules apply, however, to when a fixed term is lawful: it must be sufficiently justified by the landlord's circumstances, otherwise the housing court can set it aside.

What are not lawful grounds for termination?

The landlord cannot give notice on the grounds that:

• The landlord wants to let the home to another tenant at a higher rent
• The property has been sold (a new owner takes over the tenancy on unchanged terms)
• The landlord is dissatisfied with a tenant who complies with the lease

An invalid termination has no effect. The tenant can object, and the landlord risks having to pay compensation.

Notice periods

The notice periods are set out in section 175 of the Rent Act and depend on the ground for termination. As a rule, the notice runs to the first weekday of a month that is not the day before a public holiday.

• Main rule: 3 months. For most grounds the notice is 3 months.
• 1 month: for single rooms and homes that are part of the landlord's own dwelling (section 170(1)).
• At least 1 year: when the landlord wants to live in the home (section 171(1)(1)), and on termination of a flat in a two-family house that the owner lives in, or an owner-occupied or cooperative home the owner wants to live in (section 170(2) and (3)).

There is thus no sliding scale where the notice increases with the length of the tenancy. The notice depends on the ground and the type of home, not on how long the tenant has lived there.

For service and staff homes, the termination as a rule follows the employment relationship, and the detailed terms should appear from the employment contract.

Formal requirements for the notice

A landlord's termination must meet a number of formal requirements to be valid:

1. Writing is required

The termination must be in writing. An oral termination is invalid, and a termination given by e-mail can, depending on the circumstances, be set aside. Send it therefore as a physical letter.

2. A statement of reasons

The termination must contain a reason for why the landlord is terminating. A missing reason makes the termination invalid.

3. Information about the right to object

The termination must inform the tenant of the right to make a written objection and of the 6-week deadline. If this information is missing, the termination is invalid, even if the ground itself is lawful.

4. Provable delivery

The termination should be sent by registered post or handed over in person against a receipt. The landlord bears the burden of proving that the termination has reached the tenant.

The tenant's response: the right to object

The tenant has the right to make a written objection to the termination within 6 weeks of receipt. The objection must be in writing and cannot be sent by e-mail.

If the tenant objects, the landlord can either withdraw the termination or bring the matter before the housing court. If the landlord does not bring the matter before the housing court within 6 weeks after the objection deadline has expired, the termination lapses automatically.

Note: disputes about the validity of the termination itself fall under the housing court, not the rent tribunal. The rent tribunal instead handles disputes about, for example, the level of rent, the deposit and maintenance.

What happens after the termination?

When the termination is valid and the tenant moves out, the normal move-out rules apply:

• A move-out inspection must be held, which the landlord calls with appropriate notice
• A move-out report is drawn up
• The deposit can only be withheld for documented damage and a lack of cleaning
• Any refurbishment follows the terms of the lease and the Rent Act

Terminating a commercial lease

For commercial leases (shops, offices and the like), the Rent Act does not apply, but the rules of the Commercial Rent Act. Here the termination rules are significantly different:

• The tenant does not enjoy the same protection
• The grounds are not limited in the same way
• Notice periods and procedure are set to a greater extent by the contract

The five biggest mistakes landlords make

1. An invalid ground. Terminating a tenant because you want another tenant or are dissatisfied is invalid. Use only lawful grounds.

2. A missing reason. A termination without a written reason is invalid, even if the ground itself is lawful.

3. An incorrectly calculated notice. Forgetting that the notice runs to the first weekday of a month, or using the wrong notice, can make the termination invalid.

4. Forgotten information about the right to object. The termination must explicitly inform the tenant of the right to object within 6 weeks. If this is missing, the termination is invalid.

5. No proof of delivery. The landlord bears the burden of proving that the termination has arrived. Send it by registered post or hand it over against a receipt.

Make sure the notice document is correct

A notice document should contain all the mandatory elements: a valid and specific ground, a statement of the notice period, information about the right to object and the 6-week deadline. Always keep proof that the termination has reached the tenant; a registered letter is the safest method.

If you are in doubt about whether your ground is lawful, seek advice from a lawyer specialising in tenancy law before you send the termination.

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This article is for guidance only and does not constitute legal advice. Contact a lawyer for specific tenancy disputes.