Exchange/transfer of tenancies

The Tenancy Act and the General Tenancy Act regulate a tenant's right to exchange or transfer their tenancy to another tenant. These rules are designed to balance the tenant's need for flexibility with the landlord's right to protect the operation of the property and ensure fair conditions.

Section 161 of the Tenancy Act and section 69 of the General Tenancy Act state that the tenant of a residential apartment has the right to swap with a tenant of another residential apartment so that the other tenant takes over the tenancy.

However, this right is subject to certain limitations that the landlord can invoke

The landlord can object to the exchange if one of the following conditions is met:

1. Landlord's place of residence and size of the property
The landlord can oppose the swap if the landlord lives in the property and the property has fewer than seven apartments.

2. The tenant's period of residence
The landlord can oppose the exchange if the outgoing tenant has not lived in the apartment for at least three years. However, it is crucial that the tenant has actually lived in the apartment during this period, and periods of subletting are not counted.

3. Resident maximum
The landlord must oppose the exchange if the apartment will be occupied by more than two people per living space after the exchange, cf. the rules on maximum occupancy in the Housing Act.

4. Reasonable cause
The landlord can oppose the exchange if there are reasonable grounds, such as that the exchange is presumed not to be real (pro forma) or if the new tenant has previously defaulted on a tenancy with the landlord.

If the landlord intends to make improvements to the tenancy in connection with the exchange and fix the rent pursuant to section 19(2) of the Rent Act, the landlord must immediately notify the tenant of this and request the Rent Board for prior approval within one month. The tenant must then inform the landlord whether the exchange is to be carried out within 14 days of receipt of the pre-approval.

Handover to household members

The tenant can transfer the lease to members of their household without the landlord's consent if they fulfil the conditions in section 77a of the Rent Act.

Transfer by subletting

The tenant can sublet the lease to another person, but this requires the landlord's consent and is subject to the rules in section 65 of the Rent Act. Subletting must not be pro forma and the landlord can terminate the lease if the subletting violates the rules