If you are planning to travel, are going on exchange or for other reasons have to be away from your lease for a period of time and you do not want to move out, you have the option to sublet your room or apartment.
What is subletting?
Subletting is when you rent out your lease or parts of your lease that you do not own yourself.
There are two types of subletting:
1. Subletting part of the lease
It is a requirement that the subtenant himself lives in the lease.
Subletting, according to §157 of the Rent Act, applies to residential leases; i.e. apartments or rooms used exclusively for residential purposes.
In addition, it also applies to leases that may partly be used for other than residential purposes - for example as a business. However, only the living spaces in the apartment may be sublet.
The sublessee may only sublet up to half of the living spaces in the lease. A living space should be understood as living room, room, etc.
Kitchen, hallways and bathrooms are not counted as living spaces.
Number of persons you can sublet to:
You may only sublet to a certain number of people, corresponding to the number of living spaces. The sublessee must also be counted on.
That is, if the apartment has 4 living rooms and there is one person in the household, then you can sublet for 3 people. If there are 2 people in the household, you can sublet to 2 people.
As a rule, it does not require your landlord's approval to sublet a living space according to §157, but you must inform your landlord in advance. The landlord cannot oppose the subletting if you comply with the requirements set out in §157 of the Rent Act. However, a copy of the lease agreement between the tenant and the sublessee must be sent, which must be concluded in writing.
Example of default towards landlord:
If the subtenant vacates the apartment and, for example, rents it out via Airbnb, then there is a violation of §157 of the Rent Act, as the rule presupposes that the tenant stays in the apartment. On this basis, the landlord will be entitled to terminate the lease agreement with the tenant.
As a sublessee, you must be aware that the subletting must not be of a commercial nature. For example, if you rent out a room repeatedly through Airbnb and it becomes so extensive that it becomes commercial in nature, then there may also be a breach of the rental agreement between your landlord and tenant.
Notice of termination and time limit:
There is no time limit for a sublease. Therefore, the sublessee does not need to make the sublease agreement with the sublessee limited in time.
Both the subtenant and the sublessee have a notice period of 1 month. In the sublease agreement, you can agree on a longer notice period, but never shorter than 1 month. No reasons shall be required for termination.
The sublessee cannot agree on a better termination for himself than for the subtenant, i.e. you cannot agree on 1 month notice for the sublessee and 3 months notice for the subtenant.
You can agree that the sublease agreement is irrevocable, this requires that you make the sublease agreement time-limited.
The tenure applies to both parties.
2. Subletting of the entire home
Subletting under section 158 of the Danish Rent Act only applies to residential buildings that are used exclusively for residential purposes.
The subtenant is entitled to sublet his entire residential apartment and the subtenant is also entitled to vacate the apartment.
In principle, there is nothing to prevent the subtenant from subletting his apartment via e.g. Airbnb, but the subtenant's moving out must be due to one of the reasons mentioned in §158 of the Danish Rent Act.Reasons for relocation:
- Study abroad
- Temporary relocation
The tenant's move out must only be temporary and must be due to one of the reasons above. The list is not exhaustive, so there may be similar reasons other than those mentioned that also justify moving out.
The sublease period may not exceed 2 years. If you are on exchange for 6 months, and for this reason, have vacated the lease, you are not allowed to sublet the apartment for longer than the period you are away.
The sublease period may not exceed 2 years, but there is nothing to prevent you from subletting the apartment for 2 years. However, there must be an intermediate period where the tenant moves in again before the tenant is allowed to sublet the apartment for a maximum of 2 years again.
Landlord's ability to oppose sublease:
The property has fewer than 13 residential apartments
The total number of people in the apartment will exceed the number of living spaces
The landlord otherwise has reasonable grounds to oppose the sublease