The tenant has moved out. The flat needs painting, a month's rent is missing, and the cleaning takes a day longer than planned. You add up the figures and can see that the security does not cover it.
That is a common outcome, not a special case. The security in a Danish tenancy has a ceiling, and a bad move-out does not.
What matters is what you do in the weeks around the move-out. That is where it is decided whether you still have a claim, or whether it has lapsed on its own.
In short
- Hold the move-out inspection and prepare the move-out report according to the rules. If you do not, the entire repair claim can lapse.
- Claims that are not in the report cannot be raised later, apart from hidden defects and fraud.
- You can only claim repairs according to what was agreed, and ordinary wear and tear is not the tenant's bill.
- The security is offset in the settlement. What remains is a claim against the tenant.
- Landlord insurance is made for exactly the amount that sits beyond the security.
First: make sure the claim is still yours
The order at move-out is not a formality. It is the claim itself.
Call the move-out inspection in writing and with the notice the rules require. Hold the inspection, and prepare the move-out report at the inspection, so the tenant receives it straight away.
Write everything down. Every single item, every room, every damage, with photos and a date. A report saying “various repairs” is hard to defend, and it gets expensive when it is tested.
Meet the deadline for raising claims after the inspection. Claims not raised within the deadline, and not stated in the report, cannot be added afterwards. That is the single mistake that most often costs a landlord the whole repair bill.
If you let out more than one home, the requirements on inspection and report apply directly to you. If you let out one home, the documentation is just as important in practice, because without it, it is one word against another.
What you can claim, and what you cannot
You can claim repairs according to what was agreed in the contract, within the framework of the rules on normal repairs. Whitewashing, painting, wallpapering and floor treatment are the category that can typically be agreed.
You can claim what the tenant owes: arrears, consumption not settled, and documented costs arising from breach of the tenancy.
You cannot require the home to be handed back in better condition than it was taken over in. You cannot claim ordinary wear and tear either, and you cannot claim items that are not in the report.
That is why the move-in report is just as important as the move-out report. It is your evidence of how the home looked when the tenant got the keys.
How to make a settlement that holds
Write the settlement item by item, with an amount and documentation for each item.
Attach invoices and quotes. An estimate without supporting documents is hard to maintain.
Offset the deposit, and show the offset clearly in the settlement.
Write what remains, and how the tenant can pay it.
Send the settlement within the applicable deadline, and keep the receipt for sending it.
A clear settlement resolves most cases by itself. It is the unclear ones that end up at the tribunal.
When money is still missing
First: send a claim to the tenant with the settlement attached. Many pay once the arithmetic is easy to follow.
Next: a payment agreement is often better than a dispute. There are few cases where there is more to gain by dragging it out.
Then: debt collection, if the claim is undisputed and still goes unpaid.
And if you disagree about the settlement itself: the Huslejenævnet in the municipality where the home is located decides cases of that kind. The tribunal charges a fee, and your documentation is what decides the case.
Expect it to take time. That is why many landlords choose to cover the risk up front rather than pursue it afterwards.
Deposit, guarantee and insurance do three different things
The deposit is the security the tenant provides, and it has a ceiling.
A deposit guarantee means that a third party provides the security to you instead of the tenant's own cash. It moves the liquidity, not the responsibility, and the tenant remains responsible for legitimate claims. A guarantee is not insurance.
Landlord insurance covers documented losses beyond the security provided, according to the terms of the policy. It is the only one of the three made for the amount on top of the security.
The last two can be used together. One makes sure there is security. The other covers when the security is not enough.
How Keyhole makes it easier
Keyhole Landlord Protection is landlord insurance developed together with TRYG. It covers documented losses beyond the security provided, when the loss is caused by the tenant's breach, according to the terms of the policy and with the excess stated in those terms.
It does not replace your move-out inspection, your report or your settlement. Those three are still the precondition for there being a claim to cover at all.
See the current terms and prices on the product page.
Frequently asked questions
What happens if I forget the move-out inspection?
If you let out more than one home, the repair claim can lapse entirely. That is the most expensive mistake in the whole process.
Can I add an item after the move-out inspection?
Only exceptionally, for example in cases of hidden defects or fraud. Assume that what is not in the report cannot be claimed.
Do I have to repay the rest of the deposit before the settlement is ready?
You complete the settlement and pay out what remains. There is no fixed statutory deadline for the repayment, but do not wait unnecessarily, and keep the tenant informed.
Does landlord insurance cover missing rent?
Arrears can be covered according to the terms. Read the scope of cover, and see what documentation is required.
Is a guarantee the same as insurance?
No. A guarantee is provided to you instead of cash, and the tenant remains responsible. Landlord insurance covers your loss according to the terms.
How long does a case at the Huslejenævnet take?
It varies between municipalities. Expect weeks rather than days, and have your documentation ready from the start.
See Keyhole Landlord Protection
Go through the cover, the terms and the excess, and see what documentation is required for a claim.
Book a conversation
Talk to Daniel about your tenancies, and how to cover what the security does not reach.
Sources
- The Danish Rent Act (retsinformation.dk), move-out inspection, move-out report, normal repairs and the deadline for claims
- Huslejenævnet, borger.dk
- Keyhole Landlord Protection, landlord insurance developed with TRYG
