Can your landlord just kick you out to his own liking? Get the answer here
| Published Thursday, December 14, 2017
If you are like most of our clients, you are probably a little iffy about starting a case to lower your rent? “Want if my landlord gets mad? – What if he kicks me out?” These are very fair questions! Therefore, we have written a little blog about what your rights are as a tenant, and if your landlord really can kick you out. It is a little technical but very good to know.
First of all, there are different rules depending on whether or not you’re your rental contract has a time limit. We will get into more detail about time-limited leases later.
No time limit in your rental contract
However, if there is no time limit stated in your rental contract for a full apartment there are mainly three ways your landlord can terminate your lease. If none of these are applicable, you shouldn’t have anything to fear in terms of being kicked out. The three conditions are:
Your landlord wants to move in himself
First, if you are living in an apartment that your landlord owns or cooperatively owns (that’s called ‘andel’ in Danish), he has the right to terminate the lease if he is going to (1) move in to the apartment himself, (2) he has to have owned the apartment when the contract was signed and (3) it has to be the only apartment that your landlord owns.
Second, if your landlord can’t meet condition two or three, he can still terminate the lease. And here is when it gets a bit technical. Because, there are some conditions where the rules might be different.
One, if your landlord is the owner of the apartment, the contract must specifically state that your landlord can kick you out if he is going to move into the apartment himself.
Two, the Danish Housing Board might make a decision in your favor under certain conditions. For example, if you have rented the apartment for a long time or if it deemed very difficult for you to find another apartment. This makes it harder for professional landlords to kick their tenants out.
Also, it should be noted for these conditions, that if it shows that your landlord does not move into the apartment after the lease is terminated, he will be held responsible.
You have to comply with “good practice and behavior”
The third condition, where your landlord could be able to terminate your lease, is if you do not comply with what’s called “good practice and behavior”. This might seem a little fuzzy and as an easy way for your landlord to kick you out. However, he has to prove that you are non-compliance is on a substantial level. Therefore, he cannot just kick you out because you had five friends over for a birthday party. Nonetheless, it will require at least one written warning before your landlord can terminate because of “bad practice and behavior”.
There is still a one-year notice!
You should also note that, if your landlord tries to terminate your lease based on any of the above conditions, there will still be a one-year notice. Thus, no matter what, you will not be thrown out immediately but will have plenty of time to find a new place to live.
However, if the tenant doesn’t apply to the basic requirements, for example not paying rent, using the apartment for businesses etc., the one-year notice will no longer apply.
Your apartment has a time limited lease
When it comes to contract with a stated time limit, the rules are a little different. Also here, there are three things that are good to know, if you are worried about being kicked out by your landlord.
Take a good look at your contract!
First, it has to be stated explicitly that it is possible to end the lease before the agreed period has come to an end. If nothing is stated the lease is interminable – very good to know!
You can actually cancel the time limit on your lease!
Second, it is actually a possibility to cancel the time limit if you decide to bring it before the Housing Board. In that case, however, you have to start the case in a reasonable time period before the lease ends – usually you should start it at least one month before – the sooner the better.
Also, the time limit can be cancelled if the landlord did not have a legitimate reason to put a time limit on the lease. So let’s get a little technical again. Because, the assessment of this is based on four conditions:
One, does the landlord want to live in the apartment again? In this case it also applies that he will be held responsible if it shows that he does not move into the apartment.
Two, how strongly is the landlord affiliated with the apartment? A strong affiliation could, for example, be if the landlord has owned the apartment for many years.
Three, does the landlord want to sell the apartment? This is only a legitimate reason if the landlord is actively trying to sell the apartment during the period of your lease.
Four, has the tenant been made aware of the reason why there was a time limit on the lease? If no explanation is stated to why there should be a time limit on the lease, it can therefore be cancelled.
Still living there one month after the time limit has run out?
And now for the last tip of the post. We hope you have hanged in there for our longest blog post to date, as this tip is very interesting! Because, if you as a tenant still live in the apartment one month after the end of the time limited lease, the time limit will be removed.
Was it TOO technical?
If none of the above makes sense, or you are unsure if your situation actually applies to this, we are happy to answer any questions you may have. Just send an email to firstname.lastname@example.org and we will take a look at your case.
- tenant rights
- paying too much rent
- rental contract