There are several reasons why it might be harder for foreign residents to ensure they get as much of their deposits back as possible when moving out of a Danish tenancy.
International tenants may not know what rights they have in Denmark, may be put on the back foot by language differences or take the word of landlords, or might be reluctant to seek help.
Some landlords intentionally take on international residents with a view to taking their deposits and making a quick profit on shorter-term tenants, according to an expert on Danish tenancy law who spoke to The Local in 2021.
As a tenant in Denmark, you do have the option of seeking legal help if a conflict occurs over your deposit when you move out.
There are also some things you can do to help minimise the risk of being in such a situation.
READ ALSO: How to get your deposit back when renting in Denmark
Your deposit may not total more than three months’ rent
The landlord cannot demand a deposit of more than three months of rent for the property. This deposit is calculated based on the rent alone, meaning it cannot include the additional cost of utility bills.
In addition to the deposit, the landlord is entitled to ask for three months’ rent upfront. Then you will have to pay rent for the first month you actually live in the tenancy.
An upfront payment equal to seven months’ rent is a hefty expense, but as well as being provided for by law it is standard practice in Denmark.
Its main advantage is that, once you give notice that you will be moving out, you won’t have to pay rent during the last three months (you will still be liable for water, heating and electricity bills) – because you will have paid it upfront.
List any defects or missing fixtures and fittings when you move in
Under Denmark’s Tenancy Law (Lejelov), tenants do not have to fully renovate a property when they move out – the landlord is responsible for fixing reasonable wear and tear.
However, the law still allows some flexibility on what constitutes “fair wear and tear”.
For this reason, it makes sense to list any small defects (documenting them with photos) when you move in.
The landlord is required to carry out a “move-in report” when you take over the tenancy – this will describe the condition of the apartment as they see. You have 14 days after moving in during which you can list any additional defects. As long as you have a copy of this and proof it was sent to the landlord, you are not responsible for these defects.
Take plenty of photos
Experts and previous tenants in Danish rental properties will always tell you of the importance of taking photos – both when you move in and when you move out.
Be particularly thorough in rooms like the kitchen and bathroom where there are lots of nooks and more potential for damage. Save the photos you take when you move in.
When you move out and have cleaned and prepared the property as instructed (the landlord can give you a list which details the condition in which you are expected to return it), take photos again as documentation you complied with this, so you can’t be charged for damage that doesn’t exist.
You can’t be overcharged for repairs and can appeal
There’s not specific limit for what any repairs that may be drawn from your deposit can cost (and you can be charged more than the value of the deposit). However, you can’t be forced to overpay, for example through an inflated hourly rate for a decorator.
If you think you have been charged an unfair price, you can ask to use a different company to perform the repairs (or ask one for a quote). However, this has potential for a conflict with the landlord, who may claim the job has not been done to a high enough standard if their preferred contractor isn’t used.
Should this conflict become impossible to resolve, it can end up with the local tenancy appeals board, Huslejenævnet.
If you don’t accept the landlord’s decision on your deposit, you can choose to appeal to this board. It will assess your claim by looking at the original “move-in report”, any objections you submitted at the time, and at the photos taken by each side – underlining the importance of these. It will then decide who is responsible for paying for any necessary renovations (and how much).
If you disagree with the decision, you can appeal it within the Huslejenævnet appeal system and eventually bring it to court. The Danish court that deals with tenancy conflicts is Boligretten. At this stage you will need a lawyer to bring the case on your behalf.
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