As a tenant in Denmark, you have a number of legally established rights when it comes to home swapping. The right to swap is not just an option - it is a protected right that your landlord cannot simply override.
In this guide, we walk through your rights, how to protect them, and what to do if you encounter resistance.
The right to swap is established in lejeloven § 161 (the Danish Tenancy Act § 161) and gives you as a tenant the right to swap your home with another tenant. This right has existed in Danish legislation for decades and is an important part of tenant protection in Denmark.
The right to swap exists to:
When you meet the legal requirements, you have the right to swap - regardless of what the landlord thinks. The landlord can raise objections in specific cases, but cannot simply say no.
If the landlord raises an objection, you have the right to have the case examined. The landlord must be able to document that the objection is justified.
The landlord may not refuse a swap based on your swap partner's:
If you believe the landlord is unjustifiably refusing your swap, you have the right to bring the case before the Huslejenævnet (the Danish Rent Tribunal).
To understand your rights, it is important to know what the landlord cannot demand:
Your right is broad but not unlimited. The landlord can raise a justified objection if:
Note: The burden of proof lies with the landlord. It is the landlord who must document that the objection is justified.
By reading this guide and our other articles on the tenancy act and home swapping, you are already on the right track.
When you contact the landlord about the swap, specifically reference lejeloven § 161 (the Danish Tenancy Act § 161). This signals that you know your rights.
If you encounter resistance, seek help from a tenants' association before the situation escalates.
If you believe the landlord is unjustifiably refusing your swap, you have several options:
Membership often provides access to legal advice and assistance in disputes.
Free legal advice for tenants. Find the nearest office at www.LFR.dk.
You can bring the case before the Huslejenævnet in your municipality. The tribunal can make a binding decision on whether the swap should be approved.
If the Huslejenævnet's decision is appealed, or in particularly complex cases, the case may go to boligretten. You should have legal representation here.
If you live in public housing (AAB, KAB, FSB, 3B, etc.), internal rules often apply in addition to the law. These rules cannot override your statutory right to swap, but there may be procedures you need to follow.
Your right to swap applies fully, including with private landlords. Some private landlords are not aware of the rules - in this case, it may help to include a link to the legislation.
Special rules may apply to fixed-term tenancies. Seek advice if this is your situation.
As a tenant, you have a strong, statutory right to swap homes. This right cannot simply be overridden by the landlord. Know your rights, document your communications, and do not hesitate to seek help if you encounter resistance.
Home swapping is a fantastic opportunity to get the home you want - and the law is on your side.
Also read:
What to do when your landlord refuses a housing swap in Denmark. Learn about your rights, valid and invalid grounds for refusal, and how to file a complaint with the Rent Board step by step.
Save 30,000-60,000 DKK with a housing swap. Learn what happens to your deposit, how the transfer works, and what to watch out for.
Everything you need to know about housing swap in Danish social housing. Rules for KAB, 3B, DAB, and other housing organisations. The 3-year rule, application process, and landlord approval.