Introduction

When you swap apartments, you take over an existing lease from your swap partner - and vice versa. But what about the agreement between the two of you? Do you need a contract? And what should it contain?

In this guide, we cover everything about contracts and agreements in a home swap, so you can protect yourself against unpleasant surprises.

Do You Need a Contract Between You?

The short answer is: Yes, it is strongly recommended.

Although home swapping is regulated by law, and you both receive new leases with your respective new landlords, there are many matters not covered by these leases. A written agreement between you and your swap partner protects both parties.

What does the lease cover?

Your lease with the landlord covers:

Rent and payment terms
The condition of the home at move-in
Termination terms
House rules

What does the lease NOT cover?

Agreements between swap partners
What happens if the swap falls through
Practical matters relating to the swap itself
Handling of the deposit between you

Introduction

In this guide, we cover everything about contracts and agreements in a home swap, so you can protect yourself against unpleasant surprises.

Do You Need a Contract Between You?

The short answer is: Yes, it is strongly recommended.

What does the lease cover?

Your lease with the landlord covers:

Rent and payment terms
The condition of the home at move-in
Termination terms
House rules

What does the lease NOT cover?

Agreements between swap partners
What happens if the swap falls through
Practical matters relating to the swap itself
Handling of the deposit between you

What Should a Swap Agreement Include?

A good swap agreement between you should as a minimum cover the following:

1. Party Details

Full names and CPR numbers (Danish personal identification numbers) or dates of birth
Current addresses
Contact details

2. Property Descriptions

Addresses of both properties
Size, number of rooms
Included fixtures (white goods, wardrobes, etc.)
Known maintenance backlog

3. Timing of the Swap

Date for taking over the new properties
Any overlap period
Deadline for vacating current properties

4. Condition of the Properties

Description of expected condition at handover
Who is responsible for cleaning
How disputes about condition are handled

5. Deposit and Prepaid Rent

How existing deposits are handled
Transfer between landlords or direct refund
Prepaid rent

6. Consequences of Breach

What happens if one party withdraws?
Liability for damages
Dispute resolution mechanism

Deposits: The Sensitive Point

Handling deposits is often the most complicated aspect of a home swap. There are several models:

Model A: Landlords settle directly

Your current deposit is refunded by your landlord
You pay a new deposit to your new landlord
Simple, but requires liquidity

Model B: Deposit follows the property

In practice, you "swap" deposits
Requires the amounts to be equal (rarely the case)
Can be complicated

Model C: Settlement between the parties

If the deposits differ, you settle the difference
Requires a clear agreement on amounts and payment timing

Important: Always agree in writing on how deposits are handled. This is the most common source of conflicts in home swaps.

Documenting the Condition of the Properties

Before you swap, you should both thoroughly document the condition of the properties:

Before the swap:

Take detailed photos of all rooms
Note any damage and defects
Make an inventory list of what is included
Read meters (electricity, water, heating)
Ideally have a neutral party witness the condition

At handover:

Walk through the property together with your swap partner
Compare with the documentation
Note any discrepancies
Sign a handover protocol

What If the Swap Falls Through?

It can happen that a planned swap must be cancelled - for example, if a landlord raises a valid objection, or one party withdraws. Your agreement should cover this:

Before the final agreement:

The agreement should be conditional on both landlords' approval
Neither party should terminate their current lease until everything is confirmed

If one party withdraws:

What are the consequences?
Is there liability for documented expenses?
How are any costs already incurred handled?

Legal Advice: When Is It Necessary?

For most standard swaps, a clear written agreement is sufficient. But consider legal advice if:

The deposits are very different in size
There are special circumstances with one of the properties
One party has special needs or concerns
There is uncertainty about the landlord's position

Where can you get advice?

Tenant associations (often included in membership)
Lejernes Frie Retshjælp (free legal aid for tenants in Denmark)
Private lawyer specialising in tenancy law

Practical Checklist: Before You Sign

Before signing a swap agreement, check that:

Both parties' identities are verified
The properties have been inspected and documented
Landlords have been informed and have not objected
Deposit handling is agreed in writing
The swap date is set and accepted by all parties
Consequences of breach are described

Templates and Resources

Templates for swap agreements can be found online, but be aware that they need to be adapted to your specific situation. A good template covers the points above, but cannot replace careful consideration and a possible legal review.

Common Mistakes to Avoid

Many swap partners make mistakes that could have been avoided with better preparation:

1. No written agreement

"We trust each other" is fine, but write it down anyway. Conflicts often arise from misunderstandings, not bad intentions.

2. Unclear deposit handling

Many forget to agree on who pays what and when. Create a clear timeline.

3. Insufficient documentation

Without photos and notes, it can be impossible to prove the condition of the property at handover. Document thoroughly.

4. Premature termination

Wait to give notice on your current apartment until all approvals are in place from both landlords.

Conclusion

A written agreement between swap partners is not legally required, but strongly recommended. It protects both parties and ensures clarity on all practical matters. Take the time to create a thorough agreement - it will save you problems later.

Related articles:

Introduction

Do You Need a Contract Between You?

What does the lease cover?

What does the lease NOT cover?

Introduction

Do You Need a Contract Between You?

What does the lease cover?

What does the lease NOT cover?

What Should a Swap Agreement Include?

1. Party Details

2. Property Descriptions

3. Timing of the Swap

4. Condition of the Properties

5. Deposit and Prepaid Rent

6. Consequences of Breach

Deposits: The Sensitive Point

Model A: Landlords settle directly

Model B: Deposit follows the property

Model C: Settlement between the parties

Documenting the Condition of the Properties

Before the swap:

At handover:

What If the Swap Falls Through?

Before the final agreement:

If one party withdraws:

Legal Advice: When Is It Necessary?

Where can you get advice?

Practical Checklist: Before You Sign

Templates and Resources

Common Mistakes to Avoid

1. No written agreement

2. Unclear deposit handling

3. Insufficient documentation

4. Premature termination

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