New decision: Landlord forfeits move-out claim of over DKK 46,400

Danish move out rules - Denmark deposit rules – Denmark law move out
Danish move out rules - Denmark deposit rules – Denmark law move out

Michael Toft

Legal advisor

Published 03.08.2023

The case took place in Denmark, where tenants vacate an apartment, and questions often arise concerning the deposit and refunding of prepaid rent. In a recent legal matter, a tenant demanded that the landlord pay an amount of DKK 46,400.00, including interest, equivalent to the sum of the deposit and one month’s prepaid rent.

The outcome in the District Court

The case began in the district court, where the landlord opposed the claim and also made a counterclaim of DKK 6,898.21 as an outstanding balance after offsetting the deposit and prepaid rent for the renovation costs and lost rent. However, the district court found that the move-out report lacked a sufficiently detailed specification of the alleged defects, and the landlord failed to prove the claimed lost rent for October and November 2020.

The outcome in the High Court

The landlord chose to appeal the case to the high court, arguing against the district court’s decision regarding the specification in the move-out report and the claimed lost rent. However, after a thorough assessment, the high court concluded that the outcome would not differ from the district court’s decision. This applied to both the assessment of the move-out report and the agreement on move-out terms, including the evidence for the lost rent. As the case did not have a significant legal principle, and the new information from the landlord did not change the outcome, the appeal was rejected under section 368a(1) of the Administration of Justice Act.

BOLANDO’s remarks on the ruling

This case highlights the importance of tenants being aware of the content of the move-out report and the necessary information presented by the landlord. If the report is insufficient, the landlord risks losing their claim, even if the renovation costs are legitimate due to the tenant’s failure to maintain the property or even caused damages. According to the tenancy law, the landlord completely loses their claim for renovation costs if the rules on time limits for move-out inspections are not followed. These time limits include giving notice of the inspection with 7 days’ advance notice, holding the inspection within 14 days after move-out, and providing the move-out report within 2 weeks after the inspection date.

In this case, the landlord adhered to the time limits, but the claim was still forfeited due to the insufficient specification in the move-out report. The landlord had not adequately described the alleged move-out costs.

We at BOLANDO, therefore, encourage all tenants to get a free evaluation of their move-out case, even if the landlord has met the time limits. It is essential that the cost items are precisely specified. With our guidance, we can ensure that your rights as a tenant are protected, and you avoid unnecessary conflicts with the landlord.

Contact BOLANDO today for your free evaluation, so you are well-prepared in your move-out case and can avoid unpleasant surprises.

Are you in doubt about your rights as tenant in Denmark?

If you think your rent is too high, our experts can make a free assessment.  Afterwards you can decide if you want our help. Our service will be on a no-cure-no-pay basis. If we reduce you rent you will only have to pay a percentage of the amount we save you.