Right to Sublet in Denmark

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Source: Lejeloven (Rent Act 2022), §§ 157–159

Reviewed by the Commoner Law Editorial Team. Sourced from Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

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 to Do If You Need to Sublet Your Danish Apartment While Away

  • 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.

Common Questions

Can I sublet my Danish apartment while I'm away?

Yes. Under the Lejeloven, you have a statutory right to sublet your apartment for up to 2 years if you are temporarily absent — studying abroad, on a work assignment, or due to illness. You may also sublet individual rooms if you continue to live in the property, and the landlord cannot unreasonably refuse.

Do I need my landlord's permission to sublet in Denmark?

You must notify the landlord in writing before subletting, including the subtenant's name, the period, and the reason. The landlord can only refuse for specific reasons, such as the property becoming overcrowded or other reasonable grounds. If the refusal seems unjustified, contact the Huslejenævnet or LLO for advice.

Can I charge the subtenant more than my rent in Denmark?

No. The subtenant cannot be charged more than your own rent — you cannot profit from subletting, and doing so can lead to sanctions. Put a written sublet agreement in place covering rent, deposit, and duration. Subletting beyond 2 years is not protected by statute and typically requires the landlord's explicit consent.

When does it applyright to sublet?

You need to leave your apartment temporarily but want to keep your lease.You want to sublet a room in your apartment.

What should I do if I want to sublet my apartment in Denmark while I am temporarily abroad?

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 doright to sublet?

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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