Fixed-term lease in Denmark: when does it hold?
23 September 2026 · 11 min read · Property management
A fixed-term lease ends by itself on the agreed date, without notice. But the fixed term only holds if it is justified by your circumstances as the landlord, for example a posting abroad, a planned sale or that you will live in the home again yourself. If it is not, the Housing Court (boligretten) can set it aside under § 173, stk. 3, of the Danish Rent Act (lejeloven), and the tenancy then continues with no end date.
When is a fixed-term lease valid?
§ 173 of the Rent Act (in Danish) has three rules. The tenancy ends without notice when the agreed period expires (stk. 1). If the tenant uses the home for more than 1 month after it expires with your knowledge, without you having asked the tenant to move out, the tenancy continues with no time limit (stk. 2). And the Housing Court can set the fixed term aside if it is not sufficiently justified by your circumstances (stk. 3).
It is stk. 3 that decides whether the lease holds. The explanatory notes to § 173 in the bill (in Danish) explain how it should be understood:
- You have the burden of proof that the fixed term is necessary to protect your interests in a reasonable way.
- The reason must exist when you enter into the agreement. If it falls away later, that does not change the assessment.
- The reason does not have to be written in the lease, but if it is not, it can be hard to prove if you disagree.
- If you extend the agreement, the reason is assessed on the circumstances at that time. Each extension requires a reason.
- There is no deadline for when the tenant can object to the fixed term.
§ 173 sets no longest or shortest rental period. It is the reason that counts.
Valid and invalid reasons for a fixed term
The explanatory notes give a number of examples, and the guidance to standard form A (in Danish) mentions a posting abroad and a temporary transfer. The assessment always depends on the specific case.
| Reason | Does it hold? |
|---|---|
| A posting abroad or a change of job that is not certain to be permanent when you sign | Yes. If the posting is extended, that can also justify extending the lease. |
| You will live in the home again yourself after the period | Yes. Personal use is mentioned directly. |
| You are going to study abroad and will move home afterwards | Studies are not mentioned in so many words, but if you will live in the home yourself afterwards, it is personal use. |
| A close relative will live in the home after the period | Yes. |
| You want to sell the home, or want to put off the sale to avoid a loss | Yes, and you are in a stronger position if the tenant could see that you wanted to sell and you have tried to sell. |
| The tenant is a student or only needs the home for a period | No. The reason lies with the tenant, and then the fixed term can be set aside. |
| You want it to be easier to get rid of the tenant or change the terms, for example with a trial period | No. A fixed term with that purpose alone cannot be upheld. |
If you have a reason that is not in the table, write it down precisely and keep the documentation.
Renting out an apartment while it is for sale
A wish to sell can justify a fixed term. According to the explanatory notes, it counts in your favour if it was clear to the tenant that you wanted to sell, and it strengthens your case if you have tried to sell the home. So write in the lease that the home is to be sold, and keep documentation, for example the agreement with the estate agent.
Think about the buyer too. The Act does not mention a sale as a reason to terminate a tenancy (§§ 170 and 171), and the tenant’s rights under the Act apply against a new owner without registration in the land register (tinglysning) (§ 17, stk. 1). If the fixed term is valid, on the other hand, the buyer can rely on it, even if the buyer does not meet the conditions themselves. The buyer also takes over the burden of proving that the reason was valid when the agreement was made, so give the buyer a copy of the lease and the documentation.
When the tenant must move out because the period expires, the tenant must give access to view the home for at least 2 hours every other working day. The tenant sets the time (§ 186).
Renting out an apartment during a posting abroad or studies
A posting abroad is the first example in the explanatory notes. The requirement is that the stay is not certain to be permanent when you sign. Write where you are going, for how long, and that you will return to the home afterwards. The same applies if you are going to study abroad and then move home again.
If you come home early, you can only terminate the tenancy if the lease allows termination during the period (§ 173, stk. 1). The general rules of the Act then apply. If you own the home and want to live in it yourself, you can give at least 1 year’s notice, provided you owned it when the lease was signed and do not own other rented-out owner-occupied or co-op homes (§ 170, nr. 3, and § 175, stk. 2). The notice must be in writing, sent on paper and inform the tenant of the right to object (§ 176 and § 13, stk. 2). With a year’s notice, the right to terminate only helps if you know about your return well in advance.
If you will be away for a long time, there is also the civil registry (folkeregisteret), insurance and tax to consider. We go through them in the guide to renting out while on exchange.
What happens if the fixed term is invalid?
Then the tenancy continues as an ordinary tenancy with no end date. It is the tenant who can ask for the fixed term to be set aside, and the Housing Court that decides. According to the explanatory notes, in clear cases that are simple to prove, the question can be decided by the bailiff’s court (fogedretten) when you ask to have the tenant evicted.
You can only terminate a tenancy with no end date under the rules in § 170 and § 171. If you want to live in the home yourself, the notice is at least 1 year (§ 175, stk. 2). If the tenant objects in writing within 6 weeks, you must bring a case before the Housing Court within a further 6 weeks if you want to maintain the notice (§ 176, stk. 2). The tenant, for their part, can give 3 months’ notice (§ 175, stk. 1).
The same happens if you do not react when the term expires (§ 173, stk. 2), and you cannot avoid the rule by not checking. There are no formal requirements for the request to move out, but send it in writing to all tenants so you can prove it. If the tenant does not move, you can have the tenant evicted by the bailiff’s court, provided you asked the tenant to move out within the deadline. If you do not follow up, you may, depending on the circumstances, lose the right to have the tenant evicted.
Can a fixed-term lease be terminated during the period?
Not as a rule. A fixed-term lease cannot be terminated during the rental period unless this has been agreed or the other party breaches the agreement (§ 173, stk. 1). You can agree that one or both of you may give notice, and then the general rules of the Act apply.
| The agreement | The tenant | You as the landlord |
|---|---|---|
| No right to give notice | Cannot give notice. If the tenant moves out anyway, the tenant must as a rule pay rent until the end of the period, but you must try to re-let the home. | Cannot give notice, but can terminate the lease for serious breach, for example if the rent is not paid after a formal demand (§ 182). |
| Right to give notice agreed | Can give 3 months’ notice, unless you have agreed a different notice period. | Can give notice under the rules in § 170 and § 171 with the notice period that applies. |
Good to know: a tenant in a fixed-term tenancy does not have the special right to make improvements to the home and be compensated for them on moving out (§ 145, stk. 1).
How to write the fixed term into the lease
In standard form A10 (typeformular A, 10th edition), you write the start date in § 2 and the fixed term itself in § 11. This is because § 2 of the form says that the tenancy runs until it is terminated, unless it is fixed-term under § 11. According to the explanatory notes, a fixed term requires an agreement, and this must be clear from the lease.
- Write the exact end date, and that the tenancy ends without notice on that day.
- Write the reason specifically: what is happening, when, and what you will use the home for afterwards.
- Decide on notice during the period. Can no one, only the tenant or both of you give notice, and with what notice period?
- Keep documentation for the reason, for example a posting agreement or an agreement with an estate agent.
- Set a reminder so that you ask the tenant in writing to move out if the tenant has not moved out by the end date. The deadline is 1 month.
This is how the wording in § 11 could look: “The tenancy is fixed-term and ends without notice on 31 July 2027. Reason: The landlord is posted to Singapore from 1 August 2026 to 31 July 2027 and will move back into the apartment when the posting ends. The tenant may terminate the tenancy during the period with 3 months’ notice. The landlord may not terminate during the period.” Adapt the text to your situation. We go through the rest of the lease in the article on the lease, standard form A10.
Fixed-term rental of an owner-occupied home, a rented home and a co-op apartment
§ 173 applies to everyone who rents out a home. But if you do not own the home yourself, more rules apply on top.
| Your home | This also applies |
|---|---|
| Owner-occupied apartment or house | You are the landlord, and § 173 decides whether the fixed term holds. Also check the owners’ association’s articles. |
| Rented home | This is subletting. If you are temporarily away, you can sublet the whole apartment for up to 2 years, but your landlord can say no in certain cases (§ 158). Your subtenant does not have the same protection as an ordinary tenant. |
| Co-op apartment | The association’s articles decide whether you may sublet. Under the standard articles (in Danish), it requires the board’s permission while you are temporarily away, normally for at most 2 years. |
The rules are described in more detail on the pages about subletting when you rent yourself and about renting out a co-op apartment. If you want the whole rental handled while you are away, see rent out an apartment temporarily. We find and screen the tenant, write the end date and the reason into the lease and look after the tenancy for the same price as long-term rental: 8.5% of the monthly rent including VAT.
The article is based on the Rent Act as it applies in September 2026. It is general information, not legal advice.
Sources
- The Danish Rent Act (lov om leje), Act no. 341 of 22 March 2022 as amended, retsinformation.dk (in Danish)
- Bill on the Rent Act (L 47), explanatory notes to § 173, introduced 13 October 2021 (in Danish)
- Lease for residential use, standard form A, 10th edition, with guidance, sm.dk (in Danish)
- Standard articles for a private housing co-operative, sm.dk (in Danish)
Frequently asked questions
The key questions, answered briefly.
Have another question?Call +45 50 52 15 37 or book a meeting.
Can you make a fixed-term lease without a reason?
The reason does not have to be written in the lease, but it must exist when you sign, and it must lie in your circumstances as the landlord. It is up to you to prove it. If you cannot, the Housing Court can set the fixed term aside under § 173, stk. 3, of the Rent Act, and the tenancy then continues with no end date. So write the reason in § 11.
Can you extend a fixed-term lease?
Yes, but each extension must have its own reason. According to the explanatory notes, the reason is assessed on the circumstances when the extension was agreed. One example is that your posting abroad is extended. If you extend without a new reason in your circumstances, you risk the fixed term being set aside and the tenancy continuing with no end date.
What happens if the tenant does not move out when the lease expires?
Ask the tenant to move out, in writing and no later than 1 month after the end date. If you do not, and the tenant stays on with your knowledge, the tenancy continues with no time limit under § 173, stk. 2, of the Rent Act. If you asked the tenant to move out in time, you can ask the bailiff’s court (fogedretten) to evict the tenant.
Can the tenant terminate a fixed-term lease early?
Only if the lease allows it, or if you breach the agreement. If the tenant moves out anyway, the tenant must as a rule pay rent until the end of the period. You must, however, try to re-let the home, and what you get or should have got from a new tenancy is deducted. If you want to give the tenant a way out, write a right to give notice into § 11.
Can I rent out my apartment on a fixed-term lease while it is for sale?
Yes. A wish to sell can justify a fixed term, and it counts in your favour if the tenant could see that you wanted to sell, and if you have tried to sell. If you sell during the rental period, the buyer can rely on a valid fixed term, but the buyer must also be able to prove that the reason held.
How long can a fixed-term lease be?
§ 173 of the Rent Act sets no longest or shortest period. What matters is that the fixed term is justified by your circumstances as the landlord. If you sublet a rented home, however, the limit is 2 years under § 158, and for co-op apartments the board normally gives permission for at most 2 years under the standard articles.
Can you use a fixed-term lease as a trial period?
No. According to the explanatory notes, a fixed term cannot be upheld if its only purpose is to make it easier to get rid of the tenant or change the terms. A trial period has exactly that purpose. If you want to assess the tenant before you sign, use screening and references instead.
