Rental of residential property

Termination or cancellation of the lease

The period of notice varies depending on the type of housing and the duration of the lease
Termination must be in writing and delivered in a verifiable manner, such as via electronic means
A landlord may terminate an indefinite lease under certain conditions. The termination must be reported to HMS electronically
A fixed-term lease generally cannot be terminated early, as it expires on the agreed date, unless specific provisions allowing early termination are included in the lease
Cancellation of a lease is permitted under certain circumstances. It must be in writing and registered in the HMS Rent Register
Disputes regarding termination or cancellation may be referred to the Housing appeals committee

Termination of infinite Lease Agreements

Applies to agreements made on or after September 1, 2024

If the rental property is located in the same building where the landlord resides
If the apartment is rented out fully or mostly furnished. This does not apply to landlords who rent out three or more separate apartments or rooms
If the landlord intends to occupy the property for personal use
If the landlord intends to transfer or rent the property to close relatives for at least one year. Close relatives include: adopted or foster children, siblings, nieces/nephews, or in-laws
If the landlord intends to sell the property within six months after the end of the lease term, the parties may, notwithstanding other provisions of this Act, agree on the termination of the lease with specific conditions, including vacating the premises upon handover to the new owner
If substantial repairs, renovations, or modifications to the property are planned within six months following the end of the lease term, and such works are deemed by an inspector, cf. Chapter XIV, to render the property uninhabitable for a period of at least two months, the parties may, notwithstanding other provisions of this Act, agree on the termination of the tenancy subject to specific conditions, including that the tenant vacate the premises at the commencement of the said works
If the tenant is an employee of the landlord and has been granted use of housing or part of housing as a residence due to that employment, and the tenant resigns voluntarily, is dismissed, or the agreed term of employment expires
If the tenant has breached the lease agreement in a way that would justify cancellation of the lease
If the tenant has otherwise breached their obligations or behaved in such a manner that it is reasonable to believe the landlord does not wish to continue renting to them, or if there are other significant reasons justifying termination of the agreement
If a fair assessment of the interests of both parties and all circumstances otherwise justifies termination of a fixed-term lease agreement
If the landlord is a non-profit entity, and the tenant no longer fulfills the landlord’s lawful and objective criteria for leasing the premises, or fails to provide the necessary information to verify compliance with such criteria, provided that the lease agreement states that the tenant’s right to the leased premises is subject to the said conditions

A fixed-term agreement expires automatically on the agreed date. No notice of termination is required, unless a specific termination option has been agreed upon

Notice period

The rented accomodation	Notice period	Who may terminate and under what conditions?
Storages and similar facilities	One month	Both landlord and tenant, without specific provisions
Single room	3 months	Both landlord and tenant, without specific provisions
Residential housing	6 months	The tenant may terminate at any time. The landlord may only terminate in specific cases according to Article 55a of the Rent Act
Residential housing – tenant has rented for more than 12 months	12 months	A landlord who is a legal entity operating commercially may terminate with 12 months’ notice
Residential housing owned by a non-profit rental companyi	3 months	The landlord may terminate if the tenant fails to meet lawful conditions or fails to provide information. Justification must be provided
Commercial property	6 months (first 5 years), 9 months (next 5 years), 12 months (after 10 years)	Both parties, without specific provisions

The rented accomodation	Notice period	Who may terminate and under what conditions?
All premises (fixed-term agreement)	The agreement expires on the agreed date	Cannot be terminated unless specifically agreed in the contract
If termination options are agreed upon	At least 3 months notice	Both parties, if conditions, events, or circumstances justifying termination are agreed upon. Must be clearly stated in the contract
Residential property, rented from a non-profit housing association	3 months notice	The landlord may terminate if the tenant fails to meet lawful conditions or fails to provide information. Termination must be justified

Cancellation of a lease

Grounds for cancellation	Specific provision or conditions	Additional notes
The landlord does not rectify deficiencies in the property	Cancellation allowed if defects are not remedied within 8 weeks of notification. Tenant entitled to proportional rent reduction during repair. Inspector assesses rent reduction	Article 17 of the Rent Act.
Significant delay in delivery of premises	If the landlord is responsible for the delay, the tenant is entitled to compensation
Premises become unusable or is considered hazardous to health	As assessed by the health authorities and not attributable to the tenant	Lease term has commenced
Landlord does not remedy maintenance defects	Cancellation permitted if defects are not remedied within 8 weeks from notification. The tenant is entitled to a proportional reduction of rent while the defects are being remedied. An inspector will assess the amount of rent reduction	Article 20 of the Rent Act.
Tenant’s rights severely impaired due to laws/public orders or property encumbrance	The landlord is liable for damages if they knew or ought to have known and failed to inform the tenant	Tenant must receive warning at contract formation
Tenant’s peaceful enjoyment disturbed by others’ misconduct	Landlord neglects action despite tenant’s complaints.	Written complaints must be documented
Landlord obstructs possession or violates tenant’s rights		Tenant’s possession limited or restricted
Landlord materially or fraudulently breaches obligations	Cancellation reasonable or necessary	Landlord committed fraud or serious breach of obligations
Tenant loses use due to public eviction orders	Tenant must vacate within 7 days	The landlord is entitled to rent payments from the cancellation date if the premises are not vacated within the specified deadline

Grounds for cancellation	Specific provisions or conditions	Additional notes
Tenant does not pay rent or contribution to common costs within 7 days after written demand	Demand must be sent after due date and the right for cancellation mentioned	Cancellation permitted after deadline
The tenant shall be obligated to work off any unpaid rent where the tenant has committed serious negligence or gross misconduct in the performance of their duties	Applies when tenant is an employee of the landlord
Tenant uses premises/lease rights contrary to law or agreement	Written warning from landlord
Assignment or misuse of lease rights or subletting without permission		Cancellation towards original tenant
Tenant denies landlord access without valid reason	Violation of Article 18 of the Rent Act regarding alterations to leased premises
The tenant vacates the premises before the end of the lease term without supervision and protection of the premises
Premises deteriorate due to tenant’s poor care or negligence	Tenant fails to comply with repair demands without delay	A written demand from the landlord pursuant to Article 18 of the Rent Act regarding repairs to the leased premises. The tenant shall be granted a 4 week period to complete the necessary repairs. An assessment shall be obtained from an inspector
Tenant neglects duties despite written warning	See Article 30 of the Rent Act regarding the use of leased premises	May involve personal harm to landlord or family
Tenant of commercial premises neglects complaints and obligations regarding normal business operation despite written notices	See Article 31 of the Tenancy Act regarding the use of leased premises
Tenant neglects duties to an extent requiring eviction
Tenant provided false information regarding rental conditions	Authorization of non-profit housing associations under Art. 3a of Rent Act on the scope of the law	The landlord imposed lawful and reasonable conditions
Tenant loses use due to public eviction orders	Tenant must vacate within 7 days	Landlord entitled to rent payments from cancellation date if premises are not vacated within deadline

Notice of cancellation must be given in writing with justification
Cancellations shall be registered in the Rental registry (HMS), if applicable
Rights and obligations cease as of the cancellation date
The right to cancel shall lapse if the tenant has fully remedied the breach. However, this does not apply if the reason for cancellation is non-payment or if the tenant has breached their obligations in a fraudulent manner
If the lease was fixed-term and cancelled prematurely, the landlord may claim compensation until the end of the lease term (Article 62).

Service provider

Housing & Construction Authority