Quick Answer: Section 161 of the Danish Rental Act Gives You the Right to Swap

Section 161 of lejeloven (the Danish Rental Act) establishes that a tenant of a residential apartment has the right to swap with a tenant of another residential apartment, 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, that the home would become overcrowded.

In practice this means: 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.

Below we go through the entire provision subsection by subsection, so that you know your rights inside out.

Quick Answer: Section 161 of the Danish Rental Act Gives You the Right to Swap

In practice this means: 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.

Below we go through the entire provision subsection by subsection, so that you know your rights inside out.

The Statute Itself: § 161, Subsections 1–3

Subsection 1 – The Basic Swap Right

A tenant of a residential apartment has the right to swap with a tenant of another residential apartment once the tenant has lived in the apartment for 3 years.

The key points here are:

Residential apartment: The rule applies only to dwellings, not to commercial leases.
The 3-year rule: You must have been resident in the apartment for at least 3 consecutive years. It is actual residence that counts – you must genuinely have lived there, not merely have been registered at the address in folkeregistret (the Danish civil registration system).
Statutory right: This is not a favour granted by your landlord. It is your right as a tenant.

Source: The Danish Rental Act (Lov om leje) § 161, subsection 1 – retsinformation.dk

Subsection 2 – The Landlord's Grounds for Objection

The landlord may object to the swap if, following the swap, the home would be occupied by more than 1 person per habitable room, or if the landlord otherwise has reasonable grounds to object to the swap.

In other words, the landlord may not freely reject a swap. The two lawful grounds for objection are:

Overcrowding: If the number of people moving in exceeds 1 person per habitable room (for instance 5 people in a two-room flat). Habitable rooms means the living room and bedrooms – not the kitchen, bathroom or hallway.
Otherwise reasonable grounds: A catch-all rule that typically covers situations such as:
- The incoming tenant has documented inability to pay
- The tenant has been given notice or had their current tenancy terminated
- There is concrete suspicion that the swap conceals an unlawful transfer of the tenancy

Note: "Reasonable grounds" is a narrow exception. The landlord cannot refuse simply because they would prefer a different tenant, or because the rent is low.

Subsection 3 – Limitation: Only One Swap Every 3 Years

The right to swap may not be exercised more than once in any period of 3 years.

This provision prevents the swap right from being used to "trade" in homes. So you cannot swap your apartment and then swap again within 3 years of the most recent swap.

It is important to distinguish between the two: the 3 years in subsection 1 concern residency before the first swap, whereas subsection 3 concerns the cooling-off period between swaps.

The 3-Year Rule in Detail

The 3-year rule is the requirement that most often raises questions. Here are the most important clarifications:

When do the 3 years begin?

The period starts from the day you took over the apartment according to your lease agreement – that is, your official move-in date. It is not the date on which you physically moved in.

Can the 3-year requirement be waived?

In private tenancies: no, the 3-year requirement is mandatory. Neither tenant nor landlord can contract out of it. Even if the landlord voluntarily accepts a swap after, say, 2 years, it is technically not a swap under § 161 but a voluntary agreement – and the tenant does not enjoy the same legal protection.

Different rules apply to almene boliger (Danish social housing) – see below.

What if I have swapped before?

If you have already completed a swap, a new 3-year cooling-off period begins (subsection 3). You can therefore swap again at the earliest 3 years after your most recent swap, provided you also meet the residency requirement in the new tenancy.

Private tenancies (the Danish Rental Act § 161)

Section 161 of the Danish Rental Act applies directly to private tenancies. That means apartments owned by private landlords, pension funds, property companies and so on. Here the 3-year rule is mandatory, and the landlord's grounds for objection are limited to overcrowding and reasonable grounds.

For almene boliger (Danish social housing) – that is, homes under housing associations such as KAB, AAB, Lejerbo, 3B and others – almenlejeloven (the Danish Social Housing Tenancy Act) § 69 applies instead of the Rental Act § 161. The rules resemble one another, but there are differences:

Residency requirement: Also 3 years in social housing, but the housing organisation may set a shorter period in its own statutes.
Internal swap lists: Many Danish social housing organisations run their own swap lists that you can put your name down for.
Municipal allocation rights: In certain cases the municipality holds an allocation right (anvisningsret) over social housing, which can limit the scope for swapping.
Flexible schemes: Some housing organisations offer more flexible swap arrangements than the law requires.

Source: Almenlejeloven (the Danish Act on the Lease of Social Housing) § 69 – retsinformation.dk

When Can a Landlord Refuse a Home Swap?

Let us sum up the situations in which a refusal is justified:

Ground for refusal	Legal basis	Example
Overcrowding	§ 161, subsection 2	4 adults in a two-room flat
Poor ability to pay	§ 161, subsection 2 (reasonable grounds)	Incoming tenant has documented rent arrears
Notice/termination	§ 161, subsection 2 (reasonable grounds)	Incoming tenant has been given notice on their current home
Residency requirement not met	§ 161, subsection 1	The tenant has lived there for under 3 years
Cooling-off period	§ 161, subsection 3	The tenant has swapped within the past 3 years

Invalid refusals – a landlord CANNOT refuse on these grounds:

"I want to choose my own tenant"
"The rent is too low to allow a swap"
"I don't know the incoming tenant"
"The tenant has pets" (unless it breaches the house rules)

Huslejenævnet: Your Route to Complain

If your landlord refuses to approve a lawful swap, you can bring the matter before huslejenævnet (the Danish rent tribunal) in your municipality.

How to complain

Send a written request for a swap to your landlord (ideally by registered post)
Wait for the landlord's reply – landlords typically have 6 weeks to object (a recommended deadline — there is no statutory time limit)
If the landlord refuses without legitimate grounds, you can complain to huslejenævnet
Huslejenævnet can set aside the landlord's refusal if the conditions in § 161 are met

The complaint fee is currently DKK 367 (2026 rate), and processing typically takes 2–4 months. Huslejenævnet can also order the landlord to pay the costs of the case if the refusal was clearly unfounded.

For social housing it is beboerklagenævnet (the Danish social housing tenants' complaints board), not huslejenævnet, that handles disputes.

Practical Tips: How to Use Your Right to Swap

Check your residency: Dig out your lease agreement and confirm that you have lived in the apartment for at least 3 years.
Document everything in writing: Send your swap request to the landlord by registered post or by email with a delivery receipt.
Include the details: Give the landlord information about the person you want to swap with – name, current address, household size and proof of income.
Know your rights: If the landlord refuses, ask for written reasons and assess whether they are legitimate.
Seek advice: Lejerforeningen or Lejernes LO (Danish tenants' associations) can help you with a legal assessment.

Need help with the process itself? Read our guide on getting permission from your landlord and on contracts for home swaps.

Summary

Section 161 of the Danish Rental Act is a strong protection of your rights as a tenant. The three subsections give you:

Subsection 1: The right to swap after 3 years of residency
Subsection 2: Protection against arbitrary refusals – the landlord can only refuse on grounds of overcrowding or reasonable grounds
Subsection 3: A 3-year cooling-off period between swaps

For social housing, almenlejeloven § 69 applies with corresponding rules.

If you know your rights, you are already well on your way. The next step is to find the right swap partner.

Related articles:

Create a free profile on Byt og Flyt and find your swap partner today.

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Quick Answer: Section 161 of the Danish Rental Act Gives You the Right to Swap

The Danish Rental Act § 73: Your Right to Swap Homes Explained

Quick Answer: Section 161 of the Danish Rental Act Gives You the Right to Swap

The Statute Itself: § 161, Subsections 1–3

Subsection 1 – The Basic Swap Right

Subsection 2 – The Landlord's Grounds for Objection

Subsection 3 – Limitation: Only One Swap Every 3 Years

The 3-Year Rule in Detail

When do the 3 years begin?

Can the 3-year requirement be waived?

What if I have swapped before?

Private tenancies (the Danish Rental Act § 161)

When Can a Landlord Refuse a Home Swap?

Huslejenævnet: Your Route to Complain

How to complain

Practical Tips: How to Use Your Right to Swap

Summary

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Landlord Refuses Your Housing Swap? How to Complain to Huslejenævnet

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

Quick Answer: Section 161 of the Danish Rental Act Gives You the Right to Swap

Quick Answer: Section 161 of the Danish Rental Act Gives You the Right to Swap

The Statute Itself: § 161, Subsections 1–3

Subsection 1 – The Basic Swap Right

Subsection 2 – The Landlord's Grounds for Objection

Subsection 3 – Limitation: Only One Swap Every 3 Years

The 3-Year Rule in Detail

When do the 3 years begin?

Can the 3-year requirement be waived?

What if I have swapped before?

The Difference Between Private Rental and Social Housing

Private tenancies (the Danish Rental Act § 161)

Social housing (almenlejeloven § 69)

When Can a Landlord Refuse a Home Swap?

Huslejenævnet: Your Route to Complain

How to complain

Practical Tips: How to Use Your Right to Swap

Summary

Related articles

Landlord Refuses Your Housing Swap? How to Complain to Huslejenævnet

What Happens to Your Deposit During a Housing Swap?

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