You've handed over the keys, and now you're waiting for the money. This is where most tenancy disputes start.
The good news is that the deposit is your money. The less good news is that the landlord has the right to use it to cover valid claims — and it's you who has to be able to tell whether a claim is valid.
Here's how it works, and what to do when it doesn't.
In short:
- The deposit is your money, but the landlord can use it for valid claims at move-out.
- The landlord has to itemise the claims and document them.
- Normal wear and tear cannot be charged to you.
- Your best protection is documentation from the day you moved in, not the day you moved out.
- If you disagree, the case can be brought before the rent tribunal, huslejenævnet.
- A resident's deposit in non-profit housing follows different rules from a deposit in a private rental.
When do you get your deposit back?
When the tenancy has ended, the home has been handed over, and the landlord has settled whether there are valid claims.
If there are no claims, the whole amount has to be paid back. If there are claims, they have to be itemised and documented, and the remainder paid back.
There are deadlines for the various steps in the process, and they depend among other things on how many tenancies your landlord has. Know them before you accept a deduction — they're in the Danish Tenancy Act, and the rent tribunal can tell you what applies.
What a move-out settlement is
It's the landlord's account of what is being deducted from your deposit, and why.
A usable settlement tells you:
- Which items are being claimed, each one separately
- What each item costs, and on what basis the amount was calculated
- What is left of the deposit
- When the remainder will be paid out
If you receive a settlement with one total and no explanation, it's reasonable to ask for an itemised version. You should be able to see what you're paying for.
What can the landlord deduct?
Normally chargeable
- Unpaid rent and unpaid utilities
- Damage to the home beyond normal wear and tear
- Restoration work the tenancy agreement makes you responsible for
- Missing cleaning, if the home wasn't handed over as agreed
Normally not chargeable
- Normal wear and tear from ordinary use of the home
- Faults and defects that were there when you moved in
- Improvements the landlord wants but that aren't your responsibility
- Any claim without documentation
The line between normal wear and damage is the one that gets argued about most. A floor that's worn after five years of ordinary use is not the same as a floor with a burn mark. That's why documentation matters so much.
The move-out inspection: what to do
- Attend the inspection if one is called, or send someone you trust.
- Photograph the whole home, with dates, both at move-in and at move-out.
- Dig out your move-in report and compare. It's your strongest document.
- Read the report before you sign, and don't sign anything you disagree with.
- If you disagree, write your objection onto the report rather than only saying it out loud.
- Ask for a copy of everything you've signed.
- Read the meters and keep the numbers.
The most important part of all of this already happened on the day you moved in. With photos and a move-in report, the conversation about wear and tear is short. Without them, it's your memory against the landlord's.
What if the landlord doesn't pay back?
- Write to them. State what you believe you're owed, and set a reasonable deadline.
- Refer to the move-out settlement and to your documentation, point by point.
- Keep all correspondence. Don't phone if you can write.
- If you get no reply, or a refusal, the case can be brought before the rent tribunal.
- The rent tribunal handles disputes about move-out and deposits among other things. There's a fee for having a case heard — check the current amount on the tribunal's own site.
You don't need a lawyer to go to the rent tribunal. You need your documentation.
Do I get my resident's deposit back after eight or ten years?
That question is almost always about non-profit housing, where different rules apply.
A deposit in a private rental follows the Danish Tenancy Act and is settled at move-out. A resident's deposit in non-profit housing follows the separate act for that sector, and both the purpose and the settlement work differently. So you can't use the answers from one system in the other.
If you're unsure which you have, look at your contract. If it says depositum, this article applies. If it says indskud and you live in non-profit housing, look for your answers in the rules for that sector instead.
Next time: what you can do differently
If you've just lost part of your deposit, two things are worth carrying forward.
The first is documentation. Photos on move-in day are the cheapest protection available in the rental market.
The second is that you don't necessarily have to tie up several months' rent in cash next time. Some landlords accept a deposit guarantee, where a third party provides the security instead of your own money. It isn't free — the premium is not savings and is not paid back, and you're still responsible for the final move-out settlement. And you can't choose Keyhole on your own: your landlord needs an agreement with Keyhole first.
But it's worth asking about, next time you're sitting across from a landlord.
Frequently asked questions
Do I always get my deposit back?
You get it back to the extent the landlord has no valid claims. Claims have to be itemised and documented.
Can the landlord charge me for normal wear and tear?
No. Normal wear and tear from ordinary use cannot be charged to you.
What do I do if I disagree with the move-out settlement?
Write to the landlord with your objection and your documentation. If you still disagree, the case can be brought before the rent tribunal.
What does it cost to go to the rent tribunal?
There's a fee, and it's adjusted periodically. Check the current amount on the rent tribunal's own site.
Do I have to sign the move-out report if I disagree?
You can sign with your objection noted on it. Never sign a description you believe is wrong without writing down what you disagree with.
Is a resident's deposit in non-profit housing the same as a deposit?
No. It follows a different set of rules, and the settlement at move-out works differently.
Are you a tenant?
Visit our Help Centre and see what you can ask your landlord next time the amount at move-in is the obstacle.
Are you a landlord?
Book a free, no-obligation conversation with Daniel about making move-out more predictable for both sides.
