Summer is peak season for short-term rentals through platforms such as Airbnb, but particularly in Copenhagen, short-term rental takes place throughout the year. In many properties and housing associations, however, this type of letting is not permitted and may cause inconvenience to other residents.
Be aware of the signs
Potential signs of unauthorized short-term rentals may include:
- A high turnover of guests
- Key lockboxes placed near building entrances
- Frequent cleaning between stays
- Complaints from neighbours
We recommend documenting observations with dates and specific incidents. This provides your property administrator with the best possible basis for investigating the matter and taking the necessary steps.
What do the rules say?
Rental properties
A tenant may not rent out their home through Airbnb or similar platforms without the landlord’s consent. Under Lejeloven (the Danish Tenancy Act), the property may only be used for the agreed purpose, and any use by or transfer to others requires the landlord’s permission.
Short-term rent falls outside the rules governing subletting and is therefore unlawful without consent. Repeated rentals may be regarded as commercial activity and could ultimately lead to termination of the tenancy.
Housing cooperatives
In housing cooperatives, the possibility of short-term rentals depends on the association’s bylaws.
Subletting is typically only permitted during a temporary absence and only for permanent residential use, for example during a period of study abroad, and generally for a limited period. Short-term rent through platforms such as Airbnb is therefore, as a rule, not permitted.
Owners associations
In owners associations, there is generally greater freedom to rent out a property, but restrictions may be included in the bylaws. For example, short-term rental may only be permitted for a maximum number of days or occasions per year.
Regardless of what the bylaws allow, any rentals must not cause significant nuisance to other residents of the property.
The 70-day rule is often misunderstood
Although Section 5 of Sommerhusloven (the Danish Holiday Home Act) allows homeowners to rent out their primary residence to holiday guests for up to 70 days per year, this does not override the restrictions that may apply to tenants, members of housing cooperatives, or owners in owners associations, as described above. The 70-day rule does not alter the provisions of Lejeloven or the regulations of owners associations and housing cooperatives.