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Termination of apartment rental

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OliverCPH

Hi all,

I am new in Copenhagen, I found an apartment (a rental) recently and I am not totally sure about the termination conditions. In my contract, there is one year of fixed period. But, if I leave my job and come back to my country before, it is not possible to terminate the contract during this fixed period of one year ? So, I will pay for one year even if I don't use the apartment anymore?
Thanks a lot for your help.
Regards,

Jean-François

Hi Oliver,

Contracts may differ from landlord/realstate. But it does seem pretty standard to have a minimum of about 1 year fixed contract before you can resign. This allows landlord to have at least someone renting for a year. If you are not sure that you will stay a year, then maybe you should negotiate that with the landlord before hand or go for alternative renting such as air-bnb...

Regards,
JF

OliverCPH

Thanks JF for your answer.

Actually, this apartment was the only one I found after some weeks of search, so I signed it because I needed a CPR as soon as possible. Now, I am considering leaving the country (for professional reasons) and I was wondering if I could resign during the fixed period if I leave the country. But yes, that's something I will have to discuss with the landlord. Anyway, I am not 100% sure yet to leave.

Thanks again for your answer,
Regards,

Ikeneken

Do you have a statement says something like you are allowed to terminate the contract with 3 months notification period, however your landlord can kick you out within 30 days :D, that is normally a standard contract.

Nellie Berg

Whether you can you can end your rent before the agreed time, depends on the contract formular and  how the rent contract is structured. Never say never, you may have the possibility.

Your problem is that you may want to end the rental before time. Normally, it is the opposite situation, and as a tenant you are protected in a very high degree and cannot just be kicked off as mentioned in the thread above.

As a landlord is a professional person, the consolidation act of rent offers the tenant a wide protection. If we say that the tenant has agreed on a time-limited contract for one year, it is often so that the tenant has the right to stay for ever if he wants. It depends on the specific reasons for making the rental time-limited.

How the different questions are handled, depend on whether your rental is a sublease, a house or an apartment in a housing association.

http://www.mbbl.dk/english/consolidation-act-rent
As always law stuff is not easy to read and understand, but it may give you an impression of the rental area.

All over the country, it is possible to get free legal advice. In Copenhagen you can try this. Several law firms volunteer, and you may be lucky that precisely the day you'll be there, there will be an expert in rental questions.
http://www.copenhagenlegalaid.com/#!front-page/c195v

I have tried this a couple of times, but to be honest, their answers were too general so I could not use them.

I would suggest to you that you try
http://frivilligcenterfredensborg.dk/fi … -pa-tvaers
I don't know if it works, but it is a voluntary center which offers different kind of advice. Send your questions to the chairman Bente at this address: formand@raadgivningfredensborg.dk and see what happens. As they know the problem in advance, they will also have the opportunity to give you a better answer. Please, update me if it works.

Good luck,
Nellie

OliverCPH

Hi Ikeneken,

Thanks for your answer.

Yes, I have this statement, I can terminate the contract with a notification period of 3 months but not during the first year.
It is a contract with a fixed period of one year, that can be extended if both parties agree.

Below are the parts of the contract stating this:

"Lejemålet er tidsbegrænset og løber til d. 30.09.2016. Lejemålet ophører derefter automatisk og skal fraflyttes uden yderligere
varsel eller opsigelse. Lejemålet er uopsigeligt for udlejer i hele lejeperioden. Lejeperioden kan eventuelt forlænges efter
nærmere aftale parterne imellem, idet en sådan aftale skal være indgået senest 3 måneder førend udløb af nærværende
lejekontrakt.
Lejer kan til enhver tid efter opsige lejemålet med 3 måneders skriftligt varsel til den første hverdag i en måned, der ikke er
dagen før en helligdag, jf. Lejelovens §86, såfremt der sker tjenestemæssig forflyttelse af beboeren ud af Danmark såsom
opsigelse hos arbejdsgiver, dødsfald i nær familie etc., som er lejer ubekendt ved kontraktens indgåelse. Udlejningen sker på
baggrund af at udlejer ønsker senere selv at benytte det lejede."

OliverCPH

Hi Nellie,

Thanks for your very detailed answer. These links are useful.
I'll first discuss with my landlord to see if an agreement can be found.

Thanks again,
Regards

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