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Defects at Move-In: How to Use the 14-Day Deadline

Short answer: If your new rental has defects, tell the landlord within 2 weeks of the tenancy's start, even after a move-in inspection (section 91 of the Danish Rent Act). Otherwise you generally lose rights such as a rent reduction. Put it in writing, so you can prove it. Hidden defects are exempt, and even after the deadline you can demand repair.

Mikkel has just moved in. After a week, he finds that the cooker hood doesn't work and there are damp stains behind the fridge. The landlord thinks he should have said so at the move-in inspection. But the inspection isn't the only thing that counts – there's also a 14-day deadline that many tenants have never heard of.

What Is the Deadline, and When Does It Start?

You have 2 weeks from the start of the tenancy – the date the tenancy begins under the lease, not the date of the move-in inspection. Before then, you must tell the landlord which defects you intend to claim. Defects recorded in the move-in report count as notice given in time.

There are two exceptions (section 91 of the Rent Act):

  • Hidden defects that you couldn't have noticed with ordinary care. According to the explanatory notes to the law, the deadline for these runs from when you should have discovered them.
  • Defects the landlord has deliberately concealed. Report these as soon as you discover them.

It's up to you to prove that you complained in time. So send the list in writing – an email is fine – and keep a copy. Your message only takes effect once it has reached the landlord.

What Should Go on the Defects List?

The starting point is that the home must be in good and proper condition when you take it over: cleaned, with no broken window panes, and with working locks and keys for all outer doors (section 89 of the Rent Act). Go through the home room by room:

  • Hallway and doors: locks, keys, door intercom and frames
  • Living room and bedrooms: walls and ceilings (cracks, stains, holes), floors (scratches, wear, loose boards) and windows (panes, seals, handles)
  • Kitchen: appliances, cooker hood, tap, drain, cupboards and worktop
  • Bathroom: grout, tiles, drain, toilet, ventilation and signs of damp or mould
  • Installations: radiators and thermostats, sockets, lights and any smoke alarm
  • Cleaning: anything that hasn't been cleaned

Describe each defect specifically – "crack in the ceiling above the sink, approx. 30 cm" – and take dated photos. Include cosmetic issues too, so you're not held liable for them when you move out.

What If the Landlord Holds No Move-In Inspection?

Landlords who rent out more than one apartment must hold a move-in inspection and give you a report (section 90 of the Rent Act). If they skip it, they lose the right to require refurbishment when you move out – except for damage you're responsible for yourself. If the landlord has only the one home, there's no duty to hold an inspection. Then your own defects list with photos is the most important record of the home's condition, and it must be sent within 2 weeks. Read more in Move-In Inspections.

What Can You Demand If the Defect Isn't Fixed?

What can you demand?Who decides disputes?
That the landlord repairs the defect, if it existed at move-in (section 92)The rent tribunal
To repair it yourself at the landlord's expense, if the landlord doesn't do so immediately after your formal demand (section 95(1))The housing court
A proportional rent reduction, if the defect reduces the home's value to you (section 95(2))The housing court
To terminate the lease, if the defect is significant and isn't repaired (section 96)The housing court

Huslejenævnet (the local rent tribunal) can order the landlord to repair a defect that existed at move-in (section 92 of the Rent Act). Rent reductions, compensation and termination, on the other hand, are decided by boligretten (the housing court). Don't deduct money from the rent yourself without an agreement or a decision – non-payment can ultimately give the landlord the right to terminate the tenancy. If the home wasn't ready at all on the handover date, for example because the previous tenant hadn't moved out, you can claim a proportional rent reduction (section 94).

What Happens If You Miss the Deadline?

According to the explanatory notes to the law, you don't lose the right to demand that the defect is repaired. You do lose the other remedies for that defect: repairing it yourself at the landlord's expense, a rent reduction, termination and compensation (sections 95-97 of the Rent Act). Nor are you automatically liable for the defect when you move out, but it may be up to you to prove that it was there from the start. Conversely, a landlord who doesn't respond to your defects list may, depending on the circumstances, be bound by it.

What Your Message to the Landlord Could Say

Dear [landlord's name]

I took over the tenancy at [address] on [date]. I hereby give notice that I am claiming the following defects under section 91 of the Rent Act (lejeloven):

Defect 1: [what, where and how big]

Defect 2: [what, where and how big]

Photos are attached. Please repair the defects by [date] and confirm that you have received this list.

Kind regards, [your name]

How This Works on LejLet.nu

If you found the home on LejLet.nu, take screenshots of the listing before it expires or is deleted. The photos and description show how the home was presented. If the listing promised, say, a dishwasher that isn't there, that may affect what you can claim (section 97 of the Rent Act). LejLet.nu isn't a party to the tenancy and can't settle a disagreement between you and the landlord.

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