Apartment deposit and moving out in Denmark: how to get your money back

How much deposit can a landlord charge?

The cap is set in the Rent Act (lejeloven). A landlord may ask for a deposit of up to three months’ rent (excluding utilities) in a residential letting, and may also ask for up to three months’ rent in advance Boligministeriet.

Add the first months’ rent and the total you hand over at signing can reach nine months’ rent. That is legal, normal in Copenhagen, and the biggest cash shock for newcomers.

A landlord who demands more than the statutory cap can be fined, and the Rent Act says so explicitly Lejeloven.

What is the difference between depositum and forudbetalt leje?

They look similar on the invoice and behave completely differently.

Depositum is security. It sits with the landlord and is meant to cover unpaid rent, heating or repair costs when you leave. You cannot normally “live off” it at the end of the tenancy Boligministeriet.

Forudbetalt leje is rent paid in advance. If your tenancy is terminated, you can set it against the last part of the rental period, so with three months prepaid you may be able to pay no rent for your final three months Lejeloven.

Landlords do not have to pay interest on either. You get back at most what you paid in Boligministeriet.

What is an indflytningsrapport, and why does it decide everything?

The indflytningsrapport is a written move-in report describing the condition of the flat on the day you get the keys. A landlord who lets more than one residential flat must hold a move-in inspection with you and produce one; the report must be handed to you at the inspection, or sent to you within two weeks if you were not there or would not sign Lejeloven.

It matters because it is the evidence. When you leave, the question is not “how does the flat look now”, it is “how much worse is it than documented at move-in”. Without a report, that argument becomes your word against the landlord’s, often years later Boligministeriet guidance.

Landlords letting only one flat, and landlords letting single rooms, are exempt. That does not stop you photographing everything: if you are not entitled to a report, your own photos are the backup.

Once you have the report, read it that day and put any disagreement in writing to the landlord immediately, while the flat still looks exactly as it did.

What should you photograph and check at move-in?

• Every room from two angles, with the lights on, date-stamped.
• Floors, especially any scratches, and the state of the walls and ceilings.
• The kitchen surfaces, cupboard fronts, oven, fridge and extractor.
• The bathroom: grout, sealant, tiles, shower and toilet.
• Window frames, seals and handles, and whether windows open and close properly.
• Radiators and any visible pipework.
• Any existing damage, marks or missing items, pointed out and noted in the report.

Where the flat was freshly painted at move-in, make sure the report says so. It is one of the most common sources of argument at move-out Boligministeriet guidance.

How does the move-out inspection work?

A landlord letting more than one flat must follow a set process Københavns Kommune:

1. You are invited to the move-out inspection (fraflytningssyn) with at least one week’s notice.
2. The inspection must be held within two weeks of the date you move out.
3. A move-out report must be produced and given to you at the inspection, or sent within two weeks if you did not attend or would not sign.
4. In practice the landlord should raise any claim against you within about two weeks of you leaving.

Turn up to the inspection. It is much harder to dispute deductions that were agreed in your absence. Bring your copy of the move-in report and your photos.

What can a landlord actually charge you for?

Two things are chargeable, and one is not Københavns Kommune:

• Damage beyond normal wear. A burn in the floor, a hole in the wall, a broken appliance, cigarette damage.
• Necessary normal redecoration, such as whitening, painting, wallpapering or sanding and lacquering floors - but only where it is genuinely needed, and only up to the standard the flat was in at move-in.
• Not chargeable: ordinary wear and tear, and making the flat better than it was when you arrived.

The big one is nyistandsættelse, the old “hand it back newly decorated” clause. For tenancies entered after 1 July 2015, that clause can no longer be agreed. You hand the flat back in the condition you received it Københavns Kommune. Old contracts still exist, so check the date on yours.

How long does the landlord have to settle up?

There is no fixed deadline in the legislation. The deposit must be repaid once the landlord has a final, real figure for the work needed, which in practice means around one to one and a half months Lejeloven.dk.

If the landlord simply sits on it, you can bring the case to the rent tribunal. Unreasonable delay is itself a ground for complaint Københavns Kommune.

How do you dispute a withheld deposit?

1. Ask for a written, itemised settlement: what work, what cost, what invoices, and what is left for you.
2. Compare it against your move-in report and photos.
3. Send a short written objection, stating what you accept and what you contest, and keep a copy.
4. If you cannot agree, take it to the huslejenævn (rent tribunal) in the municipality where the flat is. It handles deposit and redecoration disputes and is free for tenants Københavns Kommune.
5. If you need help building the case, contact LLO, the tenants’ association LLO.

Send the tribunal: the lease, the date you returned the keys, the move-in and move-out reports, the invitation to the inspection, any list of defects, and your photos Københavns Kommune.

Move-out checklist

• Give notice in writing, in the form your lease requires, and get confirmation.
• Attend the move-out inspection, or send someone with your photos.
• Clean properly, including the oven, fridge, extractor and bathroom.
• Remove everything, including anything in shared storage or on the balcony.
• Read the move-out report before you sign, and note your disagreements.
• Return all keys, and get a receipt for them.
• Give a forwarding address.
• Keep a copy of every document.

What if you leave Denmark before the deposit is settled?

Give the landlord a forwarding address, and keep a Danish bank account with your NemKonto open long enough to receive the money. Public bodies and companies pay to a NemKonto, and if you close everything before the settlement, chasing it from abroad becomes expensive borger.dk.

You can also authorise someone in Denmark in writing to handle the case, but the tribunal and LLO both work best when you can respond quickly yourself.

What it costs and how long it takes

• Deposit at signing: up to 3 months’ rent.
• Prepaid rent: up to 3 months, which you can set off against your last months.
• Total possible at move-in: up to 9 months’ rent.
• Move-out inspection: held within 2 weeks of moving out.
• Deposit settlement: in practice 1 to 1.5 months.
• Rent tribunal: free for tenants.

Common mistakes

• Not attending the move-out inspection. Deductions agreed without you are very hard to reverse.
• Skipping the photos at move-in. This is the single most common reason people lose their deposit.
• Signing a move-out report you disagree with. Write your objections on it before you sign.
• Not reading the notice period. Danish leases usually run to the end of a month with three months’ notice.
• Assuming the report is always mandatory. It is not, for small landlords and single rooms - so take your own evidence.
• Leaving the country with no forwarding address or NemKonto. Then nobody can pay you.

If something goes wrong

If the landlord claims damage that was already there, produce the move-in report and your photos and say so in writing, calmly and early. Tribunals weigh documentation far more heavily than argument Københavns Kommune.

If the landlord disputes that an inspection ever happened, or produced no report, that failure often works in your favour, because a landlord letting several flats was required to do it Lejeloven.

Be realistic: deposits are contested often in Denmark, and many people get a reduced amount back rather than everything. Knowing the two-week rules and the 2015 cut-off is what shifts the argument your way. LLO can advise you on what your case is worth LLO.