Many tenants are unsure about the difference between subletting and home swapping. Although both concepts involve letting others live in your apartment, they are legally very different - with different rights, obligations, and tax implications.
In this guide, we explain the key differences so you can make the right decision for your situation.
When subletting, you rent out your apartment to another person for a temporary period. You keep your lease with the landlord but enter into a separate agreement with the subtenant.
In a home swap, two tenants permanently exchange their apartments. Both parties take over each other's leases and become tenants of the other party's landlord.
| Aspect | Subletting | Home Swap |
|---|---|---|
| Legal authority | Lejelovens §§ 157-160 (Danish Tenancy Act, Sections 70-72) | Lejelovens §§ 161-163 (Danish Tenancy Act, Sections 73-74) |
| Landlord's role | Must often approve | Generally cannot refuse |
| Duration | Max 2 years typically | Permanent |
| Your status | Remain tenant | New lease |
With subletting, the landlord generally has greater influence. The landlord can in many cases refuse subletting, and written approval is often required.
With a home swap, you have a statutory right, and the landlord can only object in specific situations (see our article on permission from the landlord).
The tax rules are significantly different:
In practice, we sometimes see creative solutions where elements of both arrangements are combined. However, this can be legally problematic and should only be done with professional advice.
Some people want a "temporary swap," but this does not legally exist. If you want to try living somewhere else temporarily, subletting is the right solution - provided your landlord approves.
No. With subletting, you keep your lease and your responsibilities. With a swap, the lease transfers.
No, and it would be illegal. In a home swap, no financial transactions may take place beyond regular rent to the respective landlords.
Partly true for subletting (with exceptions), but wrong for swapping. The right to swap is statutory.
Before you decide, consider:
Subletting and home swapping serve different purposes. Subletting is for temporary situations where you want to keep your apartment. Home swapping is for permanent changes where you want an entirely new home.
Understand the difference and choose the solution that fits your situation. If in doubt, seek advice from a tenant association.
Read more:
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.