Introduction

One of the most common questions among tenants considering a home swap is: "Do I need permission from my landlord?" The short answer is that you must inform your landlord, but you don't necessarily need permission - there is a difference.

In this guide, we cover when you have the right to swap without your landlord's approval, when your landlord can object, and how best to handle communication with your landlord.

Introduction

In this guide, we cover when you have the right to swap without your landlord's approval, when your landlord can object, and how best to handle communication with your landlord.

The Right to Swap: Your Statutory Right

As we describe in our main article on lejeloven and home swapping, as a tenant you have a statutory right to swap your home. This right is set out in lejeloven § 161 (the Danish Tenancy Act, Section 73).

In practice, this means that if you meet the legal requirements, your landlord cannot simply refuse the swap. Your landlord has no veto over your home swap.

When Is Landlord Approval Required?

There is a difference between "approval" and "notification":

Notification (always required)

You must always inform your landlord in writing about the planned swap. This is a formal procedure, not an application for permission.

Approval (only in special cases)

The landlord's actual approval is only necessary when:

You do not meet the three-year requirement and wish for an exemption
There are special conditions in your lease
You live in a property with special allocation rules

When Can the Landlord Object?

The landlord has the right to object to a home swap in the following situations:

1. The Residency Requirement Is Not Met

If you have not lived in the apartment for at least 3 consecutive years, the landlord can refuse the swap.

2. Overcrowding

If the swap would result in the new tenant and their household constituting significant overcrowding of the apartment, the landlord can object.

3. You Have Already Swapped Recently

If you have swapped homes within the past 3 years, the landlord can refuse a new swap.

4. Unreasonable Circumstances

In rare cases, the landlord can refuse if there are "unreasonable circumstances" - for example, if the new tenant has a documented poor relationship with the landlord from the past.

How to Contact Your Landlord

Once you have found a swap partner and are ready to proceed, it's time to contact your landlord. Here is a step-by-step guide:

Step 1: Prepare Documentation

Gather the following before contacting your landlord:

Documentation of your residency period (the three-year requirement)
Information about your swap partner (name, current address, household)
Description of the home you wish to swap to

Step 2: Send Written Notice

Send a registered letter or email with receipt confirmation to your landlord. The letter should include:

A statement that you wish to exercise your swap right under lejeloven § 161 (the Danish Tenancy Act, Section 73)
Information about your swap partner
The planned date for the swap
A request for written confirmation

Step 3: Allow a Reasonable Response Period

Give your landlord at least 14 days to respond (recommendation - there is no legally mandated deadline, but a reasonable response period strengthens your case). If the landlord does not respond within the deadline, this may be interpreted as acceptance.

Step 4: Handle Any Objections

If your landlord objects, you should assess whether the objection is justified. If not, you can maintain your swap with reference to the law.

Template: Letter to Your Landlord

Here is an example of how you can word your letter:

[Your name] [Your address] [Date]

To [Landlord's name/Housing association name] [Address]

Re: Notice of home swap pursuant to lejeloven § 161 (the Danish Tenancy Act, Section 73)

The undersigned hereby wishes to give notice that I intend to exercise my swap right in accordance with lejeloven § 161 (the Danish Tenancy Act, Section 73).

I have lived at the above address since [date], which constitutes more than 3 years.

I wish to swap with:

Name: [Swap partner's name]
Current address: [Swap partner's address]
Household: [Number of persons]

The planned date for the swap is [date].

I kindly request written confirmation of receipt of this notice within [date + 14 days].

Yours sincerely, [Your signature]

What If Your Landlord Refuses?

If your landlord refuses the swap without valid grounds, you have several options:

1. Seek Legal Advice

Contact your local tenant association or Lejernes Frie Retshjælp (a free legal aid service for tenants in Denmark) to have your case assessed.

2. Send a Formal Demand

Send a formal demand letter to your landlord, asserting your right and requesting justification for the refusal.

3. Huslejenævnet (The Rent Board)

As a last resort, the case can be brought before Huslejenævnet (the Danish Rent Board), which can rule on whether the swap should be approved.

Dealing with Difficult Landlords

Some landlords try to obstruct home swaps for various reasons. Here are tips for handling this:

Document everything in writing - save all emails and letters
Refer to the law - remind the landlord that the right to swap is statutory
Be professional - avoid confrontations
Seek support - tenant associations have experience with these situations

If you live in an almen bolig (Danish social housing, e.g. under KAB, FSB or similar), special internal rules often apply. These rules cannot override your statutory right to swap, but there may be administrative procedures you must follow.

Contact your housing association early in the process to learn about their specific requirements.

Conclusion

Informing your landlord is a necessary step in the home swap process, but it's important to remember that the right to swap is your right. As long as you meet the legal requirements, the landlord cannot simply say no.

Be prepared, communicate professionally, and don't hesitate to seek legal help if you encounter resistance.

Also read:

Do You Need Permission from Your Landlord?

Introduction

Do You Need Permission from Your Landlord?

Introduction

The Right to Swap: Your Statutory Right

When Is Landlord Approval Required?

Notification (always required)

Approval (only in special cases)

When Can the Landlord Object?

1. The Residency Requirement Is Not Met

2. Overcrowding

3. You Have Already Swapped Recently

4. Unreasonable Circumstances

How to Contact Your Landlord

Step 1: Prepare Documentation

Step 2: Send Written Notice

Step 3: Allow a Reasonable Response Period

Step 4: Handle Any Objections

Template: Letter to Your Landlord

What If Your Landlord Refuses?

1. Seek Legal Advice

2. Send a Formal Demand

3. Huslejenævnet (The Rent Board)

Dealing with Difficult Landlords

Conclusion

Related articles

Landlord Refuses Housing Swap? How to File a Complaint With the Rent Board

What Happens to Your Deposit During a Housing Swap?

Housing Swap in Social Housing: The Complete Guide to KAB, 3B, and DAB

Introduction

Introduction

The Right to Swap: Your Statutory Right

When Is Landlord Approval Required?

Notification (always required)

Approval (only in special cases)

When Can the Landlord Object?

1. The Residency Requirement Is Not Met

2. Overcrowding

3. You Have Already Swapped Recently

4. Unreasonable Circumstances

How to Contact Your Landlord

Step 1: Prepare Documentation

Step 2: Send Written Notice

Step 3: Allow a Reasonable Response Period

Step 4: Handle Any Objections

Template: Letter to Your Landlord

What If Your Landlord Refuses?

1. Seek Legal Advice

2. Send a Formal Demand

3. Huslejenævnet (The Rent Board)

Dealing with Difficult Landlords

Special Cases: Social Housing

Conclusion

Related articles

Landlord Refuses Housing Swap? How to File a Complaint With the Rent Board

What Happens to Your Deposit During a Housing Swap?

Housing Swap in Social Housing: The Complete Guide to KAB, 3B, and DAB