- 2yearsNormally at most
How long the board can normally give permission to sublet under the standard articles.
- 1yearNotice when you move back in
The minimum notice when you terminate the tenancy to move back into your co-op apartment yourself.
- 2/3of the housing chargeStandard deduction for tax
When you rent out to the same tenant for four months or more.
What does the Co-operative Housing Act say about subletting?
The Act has no rules on subletting co-op apartments. It says that the housing minister draws up guideline standard articles, and the ministry itself writes that it is voluntary for associations whether they use them. So it is your association’s own articles that decide whether you may sublet.
The Minister for Housing draws up guideline standard articles for a housing co-operative.
When can the board give permission?
Under the standard articles, you have a duty to live in your co-op apartment, unless you are temporarily away and have the board’s permission to sublet. The permission applies for a limited period, and the board must approve both the tenant and the terms of the tenancy. If you are married or in a registered partnership, your spouse or partner must consent if the subletting means the home can no longer be your shared home.
A member is entitled to sublet or lend out their home with the board’s permission, which can only be given when the member is temporarily absent because of illness, placement in an institution, a business trip, studies, a holiday, military service, a temporary transfer or similar for a limited period of normally at most 2 years.
Can I rent out while my share is for sale?
Not under the standard articles. If you have already moved out, the board cannot give permission to sublet, even if the sale drags on. Check your own articles, and talk to the board before you move.
Subletting can therefore not be permitted after moving out or death, regardless of whether there may be special reasons such as difficulty selling.
May I rent out a single room?
Under the standard articles, that is up to the board, which also sets the conditions.
Subletting or lending out single rooms may be permitted by the board on the conditions it sets.
Which rules apply between you and the tenant?
The Danish Rent Act, because it also covers subletting. In relation to the tenant, you are the landlord. The lease can be made fixed-term when this is justified by your circumstances, for example a posting abroad that is not certain to be permanent, or that you will live in the home again yourself.
If you want to move back while the tenancy can be terminated, you can give the tenant at least one year’s notice, provided you owned the share when the lease was signed and do not own other rented-out owner-occupied or co-op homes.
Source: the Danish Rent Act § 1, stk. 1, § 170, nr. 3, § 173 and § 175, stk. 2 (in Danish)
Read more about fixed-term leasesThis page is general information, not legal advice. The standard articles are guidelines, and your association’s own articles can have stricter rules than those described here. Read them, and talk to the board before you start.