Right to Sublet
Written in plain language for general understanding. This is educational content, not legal advice. Based on Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance.
Danish National Law
What is this right?
Danish tenants have a statutory right to sublet in certain situations:
- Temporary absence: You have the right to sublet your apartment for up to 2 years if you are temporarily absent (e.g., studying abroad, work assignment, illness). The landlord can only refuse for specific reasons.
- Room sublet: You may sublet individual rooms if you continue to live in the property — the landlord cannot unreasonably refuse.
- Landlord approval: You must notify the landlord in writing before subletting. The landlord can refuse if the property would be overcrowded or for other reasonable grounds.
- Maximum 2 years: Subletting beyond 2 years is not protected by statute and typically requires the landlord's explicit consent.
When does it apply?
- You need to leave your apartment temporarily but want to keep your lease.
- You want to sublet a room in your apartment.
What should you do?
- Notify the landlord in writing with the subtenant's name, the period, and the reason for subletting.
- If the landlord refuses, check whether the refusal is legally justified — contact the Huslejenævnet or LLO for advice.
- Ensure the subtenant pays no more than your own rent (you cannot profit from subletting).
- Put a written sublet agreement in place covering rent, deposit, and duration.
What should you NOT do?
- Don't sublet without notifying the landlord — unauthorized subletting is a breach of your lease.
- Don't charge the subtenant more than your rent — profiting from subletting can lead to sanctions.
- Don't sublet for more than 2 years without the landlord's explicit agreement — you may lose your statutory protection.
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