Alt hvad du skal vide omkring lejekontrakter til privatbeboelse.

Her på siden kommer vi igennem alle 11 paragraffer i lejekontrakten som er udstedt af Udlændinge-, Integrations- og Boligministeriet.

Vi skriver ud fra, at du er udlejer eller fremlejegiver, så teksten passer med den situation du står i.

Summary

The form of the lease is standard if you use the Ministry of Housing A9 form (recommended). For a lease, there is also a guide (pages 7-14) for the tenant, which must be included in the signature. Through the first 9 paragraphs, you will primarily find checkboxes that make good sense, while §10 and §11 are fields you can write in and it is here that deviations from the normal provisions of the Rent Act can be noted. What makes the Lease Act and leases in Denmark opaque for private individuals who do not sit with the Lease Act on a daily basis is that it is not everything you can write in §10-11 and some phrases / phrases can definitely invalidate the form of the contract.

Furthermore, we see many landlords and tenants who note items in the contract that are already “included” in the provisions of the Rent Act and therefore indifferent to the form (lease) you prepare. § 10 (remarks) and §11 (special terms) can in other words be used to make the tenancy more specific, for example as time limits, maintenance obligations, etc., but what you write must still be within the framework and provisions of the Tenancy Act. It is therefore recommended that if you draw up your lease yourself, to stay updated in parallel with the sections of the Lease Act, see: retsinfo.dk (Lease Act).

And now to the fun part

§1.

The first thing you need to fill in, is what type of property you are renting out / subletting. The 6 options are as follows:

1. Apartment: A home used exclusively as a rental home (Not your private owner-occupied home / condominium)
2. A single room: A room in a home you want to “sublet”. There are special rules for subletting rooms, eg in case of termination and use.
3. A condominium.
4. A cooperative (Co-Op) home: Just like in a single room, cooperative housing is a sublease relationship. This includes special rules for the duration of the rental period, which in most cooperatives may not exceed 2 years.
5. A subletting relationship: If you are a tenant of a home and have to sublet it for a period of time.
6. Other: This can e.g. be a house / villa / mixed housing etc.

Next, fill in the address of the lease.

Landlord: Here the landlord’s name is filled in, if it is a company the CVR number / reg is filled in. No., and address of the landlord. The landlord’s telephone number and email address can also be noted here.

Tenant: To be filled in with the tenant’s full name, CPR number, current address and preferably telephone number and email address.

Area: By area, you write how many sqm are rented out and how many rooms it is distributed on. If some of the rented / subleased business premises are square meters, this is also noted. It is your gross square meters that must be stated and not a registered area. Find your BBR message on Ois.dk.

Then you must tick what your tenant / sub-tenant has the right to use.

Finally, in §1 of the lease, you must write what the lease may be used for. Most often it will be “Private housing”

§2.

In §2, you simply fill in when the tenancy begins. If it is a time-limited rental as for e.g. Sublease conditions, the departure date and the duration of the lease period must first be stated in §11 of the contract. Therefore write only: start date.

§3.

Here you must first fill in what the annual rent is. Remember that the annual rent is the ‘pure’ rent, ie the gross rent. You can therefore not include on account / consumption.

Here you must write when the rent is to be paid (typically per 1st of each month or 1st time per quarter).

Rent per. month / quarter is also the ‘clean’ / gross rent, ie ex consumption. Below you can also fill in what is to be paid in addition to the rent: e.g.

• A conto heat contribution: reimbursement (calculation of heat must be done once a year)
• A conto water contribution: refund (statement of water must be made once a year)
• A conto electricity contribution: Most often, the tenant will be able to register directly with the electricity supplier.
• On-account cooling contribution: It is rare that cooling / A / C is installed in Danish homes.
• Antenna contribution (TV)
• Internet contribution
• Contribution to resident representation (Primarily in rental properties)
• Other things

Finally, you calculate the consumption together with the rent and fill in what in total must be paid per. month / quarter.

§4: Deposit and prepaid rent

Deposit: Here you write resp. When deposit must be paid as well as how much. Typically, 1, 2 or 3 months rent is taken as a deposit. This is where the pure rent (gross) (excluding aconto consumption) must be entered. The deposit covers any damages the tenant must pay when moving out and cannot be used by the tenant as rent.

Prepaid rent: Here is also set resp. when prepaid rent must be paid as well as when 1, 2 or 3 months prepaid rent can be taken, and is also the pure rent (excluding on-account consumption). It is not a requirement to have prepaid rent. Prepaid rent covers the last months the tenant lives in the home, where the tenant does not have to pay rent, corresponding to how many months of prepaid rent the tenant has paid.

Payment: Here you enter how much the full payment is, ie deposit, prepaid rent and the first month’s rent added together.

Below you enter all relevant amounts to be paid and finally you indicate what it is in total. “Deposit” and “total” are the same amount. “Rent m.v. for the period ”is not the same as prepaid rent. “Rent m.v. for the period ”usually covers the first month’s rent, ie the rent incl. Aconto for the first month your tenant lives in the tenancy.

Finally, you specify when the first rent after the payment is to be paid. If the tenant moves in on 1 January and pays for the first month’s rent at the same time as the deposit, he must pay rent for the first time on 1 February.

§5: Heating, cooling, water and electricity

Heating: If the tenant has to pay on account heating (which is most often the case in apartments), check “yes” in “the landlord provides heat and hot water”. Below is a check which form of heating is in the home.

Under “heating accounting year begins” it is inserted when the accounting begins. In some associations the financial year begins the same for everyone, in others you can read heat yourself and hereby the financial year begins from the day of moving in and reading.

If the tenant registers with the heating provider as a consumer (most often in houses), check “tenant takes care of heating the tenancy” and include which heat source is in the home.

Water: If the tenant pays on account for water, a tick must be put under “the landlord supplies water for the lease”. Tenants can only pay aconto water if there is a separate water meter for the unit. If not, water is most often added including the rent. If the water consumption is distributed via individual meters, tick “yes” and it is inserted when the financial year begins in the same way as in heat.

Electricity: It is most normal for the tenant to register directly with the provider (eg Ørsted) for electricity, so the landlord is out of the accounts. If electricity is paid on account to the landlord, check “yes” and insert when the financial year begins. If the tenant registers with the provider, tick “no”.

Cooling: There is very rare cooling in Danish leases (in terms of temperature in Denmark). If there is still air conditioning in the home, it must be filled in the same way as in water and heat. If not, cross “no”.

§6: Common antennas etc. and access to electronic communications services

Common antenna: If the landlord offers an antenna signal, e.g. Via the association, tick “yes”, and state in §3 how much the tenant must pay on account for this.

Internet: If the landlord offers internet (eg via the association), tick “yes” and state in §3 how much the tenant must pay on account for this.

§7: Condition of the tenancy when moving in

If a move-in inspection is made during the move-in, “yes” must be ticked here.

NOTE: Please note that if the landlord owns more than one rental property, it is a requirement to carry out a move-in inspection, cf. section 9 (1) of the Tenancy Act. 2.

Please note that the tenant has 14 days to comment on any deficiencies that have not been identified during the move-in inspection.

§8: Maintenance

If the landlord has the internal maintenance during the rental period, tick “landlord”. In that case, an amount is set aside each month for the maintenance, which the tenant pays into a maintenance account belonging to the landlord.

If the tenant is responsible for the internal maintenance, the “tenant” is ticked and it will be the tenant who bears the cost of the maintenance as needed. Interior maintenance involves painting, whitewashing, wallpapering and varnishing floors, cf. Section 21 of the Tenancy Act. When the tenancy is to be internally maintained is a matter of assessment and depends on how worn the tenancy becomes.

NOTE: In the event of eviction, a landlord who rents out more than one residential apartment is obliged to hold an eviction inspection, cf. section 98 (1) of the Tenancy Act. 3-5.

§9: Inventory

Section 9 checks which furniture is in the lease at the beginning of the tenancy, which belongs to the landlord. This means that if you bring a washing machine yourself, this should NOT be checked. If, on the contrary, there is already a washing machine at the beginning of the tenancy, this must be checked, as it is the landlord’s furniture. “Other” can e.g. Be if there is a microwave in the tenancy at the beginning of the tenancy. Electric panels mean electric radiators, which are found in some leases as a heating source.

If the tenancy is furnished, an inventory list is attached, where all furniture belonging to the landlord is added and reviewed when the tenant moves in, so it is ensured that everything on the inventory list is there, and the tenant is not held responsible for anything that was not there when moving in.

§10: Resident representation, animal husbandry, house rules and other information about the rented property

Resident representation: Resident representation is a representative of the tenants and a contribution is often paid for this. Read more here: https://www.lejeloven.dk/lejer/beboerrepraesentation

Pets: If it has been agreed with the tenant that he may keep pets, the “yes” must be crossed out. It is a good idea to specify in §11 how many and which domestic animals may be kept. If pets are not allowed in any way, tick “no”.

House rules: If there are house rules for the property, cross “yes”. There is often a house rule for apartment complexes for either cooperatives or owners’ associations. If there is a house rule, it must be attached to the contract as an appendix.

Other information about the leased property: Section 10 writes any remarks. Here, for example. Indicate if the lease is furnished and that an inventory list is attached. No legal terms / deviations can be written here, these must be written in §11.

§11.

It is in §11 most fall into and give themselves disadvantages. The Rent Act is made for the benefit of the consumer (tenant), which is why a good §11 must ensure the landlord as best as possible.

Disclaimer: Finally, to the lease, it should be mentioned that in Denmark it is not mandatory to make a contract for a residential lease. However, that does not mean you should avoid it, on the contrary. If you feel unsure about the legalities, let a lawyer, lawyer or rental company make the contract. A contract drawn up by a professional is between DKK 1,900-6,500 and in many cases it can be very well issued.