Who Pays for Defect Claims for Tenants in Denmark
As a tenant in Denmark you may encounter defects in your home, and it is important to know who pays for repairs when you raise a defect claim. This guide briefly explains how defect claims work, what duties the landlord and tenant typically have, and what evidence and deadlines apply. You will get practical advice on documentation, how to give written notice to the landlord, and what steps can lead to a complaint to the rent tribunal or a court case. The aim is to give you confidence so you can act correctly and protect your rights as a tenant in Denmark. We also cover who normally pays for small repairs, when rent reduction or withholding may be relevant, and how best to seek help from municipal or national advice services.
What is a defect claim?
A defect claim is when a tenant notifies the landlord of defects in the dwelling because the condition affects the use of the home. The defect claim should describe the issue and request repair or compensation. If the landlord does not respond, the matter can be escalated to the rent tribunal or the courts.
Who normally pays?
- The landlord pays for major repairs (repair) and work that ensures the dwelling meets legal standards.
- The tenant may pay for minor repairs or damage caused by the occupant (payment), unless otherwise agreed in the lease.
- In doubtful cases costs can be shared or decided by the rent tribunal (court) after a specific assessment.
Documentation and deadlines
Document the defect with photos, dates and descriptions, and if necessary refer to applicable rules in the rent law [1]. Always send a written report to the landlord with a repair request and set a reasonable deadline.
- Take clear photos and keep records of dates and correspondence.
- Write a clear message to the landlord including your request and attach documentation.
- Set a reasonable deadline, for example within 14 days, and document that the deadline was sent.
Frequently Asked Questions
- Who pays if the landlord does not respond to the defect claim?
- If the landlord does not respond, the tenant can demand repair and in some cases have the work paid by the landlord through the rent tribunal or the courts; the rent tribunal can determine responsibility and payment [2].
- Can I withhold rent for defects?
- Withholding rent is risky and should only be done after advice, as incorrect procedure can lead to breach of contract; always consider filing a complaint with the rent tribunal first.
- Where can I find templates and help to send a defect claim?
- Borger.dk and the rent tribunal's guidance provide information and templates for written notices and complaints [3].
How to proceed
- Document the defect with photos, dates and a written description.
- Write to the landlord, describe the request, attach documentation and set a deadline.
- Wait for the landlord's response before the deadline; follow up in writing if necessary.
- Contact the rent tribunal for guidance or file a complaint if the issue is not resolved.
- As a last resort, the case can be brought before the district court if the parties do not reach agreement.
