Ending a tenancy agreement may not be as simple as it seems to be. If you want to do it properly, you may want to follow a few tips.
Notice period for ending the rental agreement
If you rent a house or an apartment without a written agreement, or if the agreement does not specify the notice period in paragraph no. 11, you should apply statutory provisions - Lejelov.
According to these laws, notice period for ending the agreement depends on the type of the hired property:
1. If it is a room only (without a private kitchen) – a one-month notice period
2. In all other cases – a three months notice period.
The parties to the hire agreement can include other notice period provisions in paragraph 11, which are binding so far as they are not incompatible with the applicable law. It means that a notice period longer that three months is also permissible.
When can we terminate the agreement?
The owner/administrator cannot terminate the agreement freely, but must conform with the applicable law and in specific cases envisaged by the law.
In the case of an agreement signed for an indefinite term, it can be terminated in specific cases i.e. when the owner wants to move into the apartment or a house, or when the owner plans to sell the property or rebuild it in large extent. The notice period shall be one year.
The tenant is not obliged to give the reason for termination.
Termination with immediate effect
There are cases in which it is possible to end the agreement with immediate effect:
1) non-payment – rent arrears and failure to pay properly calculated bills
In the case of non-payment, the owner must send the order of payment in which the renter is ordered to pay the money whithin fourteen days. The document must include the information as to the amount to be paid and the bank account number to which the payment has to be made. The owner has a right to charge the renter with the cost of sending the order of payment (around DKK 275), which has to paid by the renter too. In the lack of payment within the indicated time, the owner/administrator can terminate the agreement with immediate effect and the renter has to leave the property.
2) leaving the property before the termination of the agreement or transfer the right of use to a person that is not a party to the agreement or the closest family member;
3) the use of the property contrary to its intended purpose – i.e. runnig a beauty salon or any other business activities, including black economy;
4) failure or refusal to allow the owner or other authorizes persons enter the property in duly justified cases, such as emergency, power failure etc;
5) negligence, garbaging, unheating;
6) failure to fulfill duties of the housing community member, disturbing the peace persistently and gravely by commiting crimes, throwing garbage through the window etc;
In all cases, the owner/administrator must inform the renter in writing of the possibility to terminate the agreement, give the reason and a chance to remedy the damage if possible. If the agreement is terminated, the renter must repay the costs of the damage as well as the costs the owner had to bear with regard to the eviction.
The owner cannot end the agreement due to previous disputes with the tenant regarding the amount of rent or unlawful charges applied by the owner.
The agreement concluded for a fixed period of time expires on the date indicated in the agreement, or with immediate effect for the above mentioned reasons.
How to end the hire properly?
Both lessor and tenant shall terminate the agreement in writing. It is best to send a registered letter (et rekommanderet brev).
The tenant may also terminate the agreement via e-mail, if such possibility is provided in the contract. This option cannot be used by the owner who must send the registered letter to the tenant's address for correspondence.
At least eight days before moving out from the property, the tenant must provide the owner with his/her new whereabouts – it is adviseable to provide this information in the termination notice if the new address is already known.
Payments during the notice period
If the tenant leaves the property before the end of the notice period, the owner is obliged to find a new renter. The tenant must inform the owner of earlier leaving in writing.
By doing so, the tenant is released from the obligation to pay the rent during the notice period, if the owner/administrator finds a new tenant in the place of the previous one. The owner must take actions leading to finding a new renter by posting a notice in the Internet etc.
If the rent was paid in advance at the beginning of the contract, the owner must return the amount calculated proportionally for the period from the day of moving in a new tenant until the end of the notice period (se below - Exapmle no. 1).
Example no. 1
If, at the beginning of the hire, the tenant made a down payment to secure the rent - forudbetalt leje (paid irrespectively of the deposit) i.e. in the amount of a two months' rent, and the notice period lasts three months', the tenant pays only one-month rent.
What formalities shall be completed when moving out?
Prior to leaving the property it is necessary to draw a handover protocol, which shall be the basis for the deposit settlement. The owner of the property must inform the tenant at least one week earlier of the date of the handover signing.
The tenant must remember to request from the owner/administrator the acknowledgement of key receipt.