Sublease in Denmark! 70 days limit

[Placido11]

Could I rent an apartment with a sublease agreement and then list it on Airbnb to rent it out for more than 70 days per year?

[Rebecca]

Hi there @Placido11 👋

There was a thread about this called Regulations in denmark where a few hosts @Jesper37, @Sandra856, @Rolf120 & @David9221 were chatting about it, and @Solveig0 shared a few links to some websites. I'm unsure if they're still relevant? Perhaps they might pop back to continue the discussion and offer some support. 

Fingers crossed!🤞 

[Sandra856 · Accepted solution]

Hi @Placido11 

It is not legal to rent out your apartment for more than 70 days a year and that is as long as it is your primary home. They made the rules /regulations as the housing market is already very difficult for the locals. If you live outside Copenhagen some ‘kommuner’ got a 100 day limit. 

[Placido11]

Hi Sandra!

I'm considering renting an apartment specifically for Airbnb purposes, without using my personal address. From what I've gathered, this approach would allow me to rent out the flat for up to 365 days a year.

Thanks for your support!

[Helen3]

I don't believe your correct but check the STR regulations @Placido11 

[Sandra856]

You are right @Helen3 - it is not legal. The politicians did regulate the STR market - as it is really difficult for people in Copenhagen to find a home. 

[Sandra856]

Hi @Placido11 

It is not legal in any way (for good reasons) to rent an apartment in Denmark in order to use it for short term rentals. You are allowed to sublet the apartment - but only to someone that signs a normal long term (max 2 years) contract. If you live in the apartment and got your personal cpr number registered to the address you are allowed to rent it out for max 70 days (in Copenhagen). 

Directly translated:

 

It also applies to complete subletting that the subtenant must aim to have permanent residence in the tenancy. In the case of complete subletting, you cannot therefore rent out the rental property as a holiday home via e.g. Airbnb. The conclusion is therefore, as with partial subletting, that you may not fully sublet your private rental home via Airbnb, unless it is a long-term rental agreement where the tenant registers his residence at the address.

[Placido11]

Hi @Sandra856Now It is clear. It is not possible to do the classic sublease + short terms rental business model in Denmark.

I´ll find another business 😄

Thank you for support!

[Atha7190]

Hi Sandra,

what if you sign the lease as a company rather than as an individual. In the UK we call this lease agreement as ‘Company Let’ or ‘Rent to Rent’

Would there be an exception for short term let, if the tenant is a company that sublets it? 

I would appreciate your guidance

[Sandra856]

Hi @Atha7190 🌿

It is illegal to rent an apartment that is meant for ordinary people - long term use with cpr registration and to turn it into a business where you can earn money on tourists /STR. It doesn’t matter if you are a company or just you renting it. The rental market is very regulated in Denmark as people would find it unfair if it was possible to turn apartments that were meant for locals into businesses. In fact it would be very, very un-danish. 

[Atha7190]

Thanks for shedding light on the rental regulations in Denmark. I'm quite intrigued by how strict the laws are compared to the UK. Could you elaborate a bit more on these regulations? I'm particularly interested in understanding the reasoning behind the requirement for a significant deposit upfront, often equivalent to six months' rent.  I'm curious to know your perspective on whether this requirement is fair and how it impacts the local in finding accommodation.

[Helen3]

In London you can't let a whole property for more than 90 days regardless of whether it's a company let or individual property @Atha7190 

Most landlords in the UK wouldn't touch arbitrage with a barge pole because of the risk to their properties .

[Atha7190]

Thank you for the clarification regarding the 90-day restriction in London. It's important to note that this rule applies specifically to properties within London, and if you explore areas outside of the city, you'll find more flexibility in rental regulations. Additionally, there are certain ways you can work around the 90 days rule. 

[Sandra856]

Hi @Atha7190 ☺️

I don’t really have any opinions about how ordinary rental agreements are put together - but I need to know the rules around STR as I’m a host myself. I do very much agree to the current rules and STR regulations as I don’t think it would be fair to take homes away from the locals. It would also just make the rent local people have to pay even higher and homes would cost even more than they do now if companies were just allowed to buy/rent ordinary homes meant for locals to rent out to tourists.  
Best, Sandra

[Michal257]

Hi @Sandra856 , thank you for sharing the information.
I am planning to buy an apartment in Copenhagen and my idea was to use STR to lower my monthly mortgage costs, however with the 70 night limit it will not help me much I suppose.

On the other hand, I could possibly rent out my 2nd room (long term rental) in the apartment. Not that convenient anymore but could serve the purpose. Do you know if this is allowed according to Danish law?

Thanks!

Michal