Unlimited rental, time limited rental, and subletting refer to specific time conditions under which a property is rented out.
As a general rule, rental agreements in Denmark are always considered to be for an unlimited period – meaning the tenant can stay until they themselves terminate the lease.
However, the landlord can set a time limited rental period if they can provide a legal, documented and valid justification for it.
This means a landlord is allowed to rent out the property for a specified period – for example, 12 months – if they have a valid and legitimate reason, such as if they are going abroad for work or study purposes in a fixed time period.
According to Danish tenancy law, it is not allowed to set a time limited rental period without a valid and objective reason.
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Important: The content on this page is intended as guidance. If you have questions or need help with matters related to unlimited rental, time limited rental, or subletting, we recommend contacting a lawyer or legal authority.
What does unlimited rental mean?
An unlimited rental period means the lease has no fixed end date. The tenant can stay until they choose to terminate the lease.
In unlimited rental, the landlord cannot terminate the tenant unless the tenant breaches the rental agreement. The lease terms are those outlined in the rental contract.
What does time limited rental mean?
A time limited rental period means that a specific time period is stated and agreed upon in the rental contract, during which the tenant may reside in the property.
When the time limited rental ends, the rental agreement expires, and the tenant must vacate the property.
In time limited rentals, neither the landlord nor the tenant can terminate the lease, unless this is clearly stated in the rental contract – for example, that the lease can be terminated with 3 months’ notice.
Note: A time limited lease must always include a clear and legally valid justification in the contract. A landlord cannot impose a fixed term without reason. If in doubt, we recommend contacting a lawyer.
What does subletting mean?
Subletting means that the current tenant of a property – and not the owner/landlord – re-rents all or part of their rental unit to another person (called the subtenant).
Subletting is typically relevant if the tenant is temporarily unable to stay in the home – for example, during a study or work placement abroad – and wishes to rent out the property during that period.
We always recommend drawing up a rental contract signed by both the tenant and subtenant to document all terms and agreements.
Note: A sublease contract cannot override or invalidate the original rental agreement between tenant and landlord. The tenant always holds the legal responsibility towards the landlord, and it is the original contract that is legally enforceable.
Subletting all or part of the property
There are two types of subletting;
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Subletting the entire property
According to Danish tenancy law, subletting the entire property is only permitted for up to two years and requires a valid reason. In most cases, the tenant must obtain written consent from the landlord unless otherwise stated in the original rental agreement.
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Subletting part of the property – typically one or more rooms
In partial subletting, where the tenant typically remains in the home, the tenant is generally allowed to sublet up to half of the property’s rooms. The landlord may only reject this with a reasonable justification.For example, if someone rents a 3-room apartment with a living room and two bedrooms, they may sublet one bedroom and continue living in the other.
Be aware of special rules for subletting
The rent must not be higher in a sublease
If a tenant sublets their property to a subtenant, the rent must generally be the same as what the tenant pays – unless specific additional costs apply to the sublease. You are not allowed to profit from subletting.
When subletting a room, you may specify gender
It is not permitted by Danish law or BoligPortal’s terms to discriminate based on gender or other attributes when letting an entire property.
However, you may specify a preferred gender if both tenant and subtenant will be living in the property – for example, if a female tenant wishes to sublet a room to another female.
The tenant holds legal responsibility toward the landlord – not the subtenant
It is particularly important to note that the tenant (the one subletting the property) remains legally responsible to the landlord.
This means that if the subtenant, for example, fails to pay rent or causes damage, it is the tenant, not the subtenant, who is held liable by the landlord.
Legal note: The content on this page is for informational purposes only. If you have questions or need help regarding unlimited rental, fixed-term rental, or subletting, we recommend contacting a lawyer or legal authority.