Danish Rental Act § 73: Your Right to Apartment Swap Explained
Quick Answer: Section 161 Gives You the Right to Swap
Section 161 of the Danish Rental Act (Lejeloven) establishes that a tenant of a residential apartment has the right to swap with another residential tenant, provided the tenant has lived in the apartment for at least 3 years. The landlord can only object if there are legitimate grounds – for example, overcrowding.
In practice: If you have lived in your apartment for 3 or more years, you have a statutory right to swap, and your landlord cannot simply refuse without good cause.
The Law: § 161, Subsections 1–3
Subsection 1 – The Basic Swap Right
The provision states that a tenant has the right to swap with another tenant after 3 years of residency. Key points:
- Residential apartments only: The rule applies to dwellings, not commercial leases.
- 3-year rule: You must have lived in the apartment for at least 3 consecutive years of actual residence.
- Statutory right: This is not a favour from your landlord – it is your legal right.
Source: Danish Rental Act (Lov om leje) § 161 – retsinformation.dk
Subsection 2 – Landlord's Grounds for Objection
The landlord may object to the swap if:
- Overcrowding: If the number of occupants would exceed 1 person per habitable room.
- Reasonable grounds: Typically covering situations such as documented inability to pay rent or the incoming tenant being under eviction.
Subsection 3 – Limitation: One Swap Per 3 Years
The swap right cannot be exercised more than once within a 3-year period.