LejLet.nu

Tenant Not Paying Rent? Payment Demand and Termination

Short answer: Send a påkrav (formal payment demand) on paper, no earlier than after the 3rd working day following the last day for timely payment, giving 14 days to pay and stating expressly that the tenancy can be terminated (section 182(2) of the Rent Act). You can charge a 335 kr. fee (2026). Only after the deadline can you terminate.

The 1st came and went, and the rent hasn't arrived. Maybe it's a bank error, maybe the tenant is in financial trouble. Either way, it's the formal procedure that decides whether you can later terminate the lease – one formal error, and you have to start over.

When may you send a påkrav?

The påkrav can be given no earlier than after the 3rd working day following the last day for timely payment. If the due date falls on a Saturday, a public holiday (including a Sunday) or Constitution Day, it moves to the next working day (section 58(4) of the Danish Rent Act, lejeloven). The påkrav counts as given when you post it or hand it to the tenant.

Example: The rent is due on Monday the 1st. Tuesday, Wednesday and Thursday are the 1st, 2nd and 3rd working days after the due date, so the earliest you can give the påkrav is Friday the 5th. If the påkrav reaches the tenant on Monday the 8th, the tenant has until the end of Monday the 22nd to pay. If the 3rd working day is a Saturday or Constitution Day, the earliest date for the påkrav is the following working day, and if the deadline's last day falls on a Saturday, a Sunday or public holiday, or Constitution Day, it is extended to the next working day (section 182(2)).

StepWhen
The rent falls dueThe due date in the lease
You send a påkrav on paperNo earlier than after the 3rd working day following the last day for timely payment
The tenant's payment deadline14 days from the påkrav reaching the tenant – extended to the next working day if the last day is a Saturday, a Sunday or public holiday, or Constitution Day
You can terminate the leaseWhen the deadline has passed without payment
The tenant doesn't move outThe case goes to the bailiff's court

What must the påkrav contain?

  • The amount owed. Only amounts that have fallen due. State clearly what is rent and other mandatory payments, such as heating on account, and what are other claims. You bear the risk of the amount being correct.
  • A 14-day deadline from when the påkrav reaches the tenant. If the deadline is too short, you must send a new påkrav.
  • An express statement that the tenancy can be terminated if the arrears aren't paid within the deadline.
  • Optionally, the påkrav fee of 335 kr. (2026; 344 kr. from 1 January 2027). The fee can only be charged if the rent really was unpaid when you sent the påkrav.

If the tenant didn't pay the deposit when moving in, you can also send a påkrav for it, because the deposit is a mandatory payment (section 59(4) of the Rent Act).

Can the påkrav be sent by email?

No. A påkrav can't be sent as email, text message or any other digital message, even if you otherwise communicate digitally (section 13(2) of the Rent Act). Send it as an ordinary letter – preferably registered, so you can prove sending and receipt – or hand it over in person. It counts as received once it's in the tenant's letterbox. Send it to the tenant's usual address unless you've agreed on another.

What if the tenant doesn't pay within the deadline?

Then you can terminate the lease (ophævelse) by clearly telling the tenant that the lease is terminated. The termination isn't covered by the paper-post rule, but send it in writing and on paper anyway, so you can prove when it arrived. It only takes effect once it has reached the tenant – and if the tenant pays the full arrears before then, you can no longer terminate (section 183(2) of the Rent Act). Wait until the påkrav deadline has passed before sending the termination; a termination sent earlier is invalid.

Once the lease is terminated, the tenant must move out immediately and pay rent until they could have moved out with ordinary notice. The tenant must also cover your losses, including the costs of an eviction. In return, you must try to re-let the home, and whatever you get or should have got is deducted from your claim (section 184 of the Rent Act).

If the arrears are insignificant, you can't terminate (section 183(1)). According to the bill's explanatory notes, however, non-payment is almost always treated as material – including small amounts such as the påkrav fee.

May you change the locks yourself?

No. Not even after a valid termination may you change the locks or remove the tenant's belongings yourself. If the tenant doesn't move out, you must take the case to fogedretten (the bailiff's court), which can carry out an eviction. This can take time, so contact a lawyer or a landlords' association as soon as it's clear the tenant won't leave voluntarily.

Can you use the deposit?

Not along the way. The deposit is security for the tenant's obligations at move-out (section 59(1) of the Rent Act). You therefore can't cover running arrears with it while the tenancy continues, but unpaid rent can go into the final settlement once the tenant has moved out.

Watch out for prepaid rent, too: once the tenancy has been terminated, the tenant has the right to set the prepaid rent off against the final part of the rental period (section 59(3)). If a tenant who has given notice stops paying the last months, that may be entirely lawful – check before you send a påkrav.

How this fits with LejLet.nu

LejLet.nu doesn't handle rent payments, and a message sent through LejLet.nu's messaging is not a valid påkrav – it must be sent on paper. The best prevention is choosing your tenant carefully; see our guide to finding a good tenant. If you'd rather end the tenancy with notice, read our guide to giving a tenant notice.

Sources

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