Fixed-Term Leases in Denmark: When Do They Hold?
Short answer: A fixed-term lease ends automatically on the agreed date, and neither party can end it early unless the lease allows it. The fixed term must be justified by the landlord's circumstances, or a court can set it aside. Stay over 1 month past expiry with the landlord's knowledge, without being asked to leave, and it becomes open-ended.
Sofie has found a flat in Frederiksberg at a reasonable rent, but it's a tidsbegrænset lejekontrakt (fixed-term lease) that only runs for 2 years "because the owner is posted abroad". She wonders whether she can get out if she lands a job in Aarhus – and whether she can stay if the owner stays away longer. The answer depends on three rules.
When may a lease be fixed-term?
The lease must clearly state that it is fixed-term – in Typeformular A, the standard lease, this goes in section 11. And the fixed term must be sufficiently justified by the landlord's circumstances (section 173(3) of the Danish Rent Act, lejeloven). According to the bill's explanatory notes, that could be:
- a job change or posting abroad that isn't certain to be permanent
- a close relative who is going to use the home after the period
- the landlord planning to sell the home or use it personally later.
The reason must exist when the lease is signed. The fixed term doesn't hold if the reason really lies with the tenant, or if the landlord only made the lease fixed-term to make it easier to get rid of the tenant or change the terms. It's the landlord who must prove there was a sufficient reason.
If the fixed term isn't sufficiently justified by the landlord's circumstances, boligretten (the housing court) can set it aside. The tenancy then continues as an ordinary open-ended tenancy, where the landlord can only give you notice on the grounds allowed by law. According to the explanatory notes, there is no deadline for objecting to the fixed term. In regulated municipalities, huslejenævnet (the local rent tribunal) can also set the term aside if, taken as a whole, it makes your lease more onerous than the other tenants' in the building.
Can you end a fixed-term lease early?
As a rule, no. A fixed-term lease can't be ended by notice during the rental period unless this has been agreed, or the other party is in breach (section 173(1)). This binds both you and the landlord. If section 11 says the lease can be terminated during the period, the ordinary rules of the Rent Act apply unless you've agreed a different notice period: you can give 3 months' notice, and the landlord needs one of the statutory grounds.
If you move out early anyway without such an agreement, you are generally liable for the rent for the rest of the period. The landlord must, however, try to re-let the home, and whatever the landlord gets or should have got from re-letting is deducted from your debt (section 175(3)). Talk to the landlord in good time – you can always make a written agreement to end early if you both agree.
What happens when the period expires?
The tenancy ends without notice on the agreed date, and you must have moved out by 12 noon on the move-out day. But:
- If you stay on for more than 1 month after expiry with the landlord's knowledge, without the landlord having asked you to leave, the tenancy continues without a time limit (section 173(2)). The request needs no particular form, but the landlord would be wise to send it in writing.
- If the landlord has asked you to leave within that deadline and you stay anyway, the landlord can have you evicted through fogedretten (the bailiff's court), and you may be liable for damages, for example if a new tenant can't move in.
- If the lease is extended with a new fixed term, there must also be a good reason at the time of the extension, for example that the landlord's posting has been extended.
What is the difference between a fixed term and a lock-in period?
| Question | Fixed term | Lock-in |
|---|---|---|
| Meaning | Ends on a set date | Continues, but can't be terminated for a period |
| When the period is over | You must move out | The tenancy continues as normal |
| Leave early? | Only if agreed | No, not during the period |
A lock-in period (uopsigelighed) can apply to one or both parties. If the landlord has promised not to give you notice for a period, you can have the agreement registered in the land register (tinglyst), so that a new owner is also bound by it (section 17(3) of the Rent Act).
For tenants: what to check before you sign
- Is the fixed term, with its end date, in section 11 – and what is the reason?
- Can the lease be terminated during the period, and with how much notice?
- In a fixed-term tenancy you don't have råderet – the right to make improvements yourself and be compensated for them when you move out (section 145 of the Rent Act). So agree any improvements with the landlord in writing.
Also read our guide to reading a lease.
For landlords: how to write a fixed term that holds
- Write the fixed term and the end date in section 11, and write in the reason. The law doesn't require it, but without it the reason can be hard to prove later.
- The reason must be your own and exist when the lease is signed.
- Consider whether either of you should be able to give notice during the period – otherwise you are both bound.
- Keep an eye on the end date. If the tenant stays on, you must ask the tenant to leave within 1 month of expiry, preferably in writing.
- If you want your own home back, also read our guide to renting out your home temporarily.
How this fits with LejLet.nu
When you create a listing on LejLet.nu, you can untick "Unlimited rental period" and enter the rental period in months. The rental period is then shown on the listing – but the reason for the fixed term isn't, so write that in the listing text yourself. As a tenant, you can see the rental period on the listing, but ask about the reason in your first message if it isn't stated.