In an article on July 3, 2017 i the newspapers, you could read about a family who had rented a summer house, but were asked to move out again that same evening when the new owner came and wanted to take possession of the house immediately. The family therefore chose to move out.
But what are the rules really like in this strange situation?
Since 1 July 2015, renting a holiday home has not been covered by rental legislation. Therefore, only the general contract law between landlord and tenant applies. This means that the buyer of the property is not bound by the rental agreement between the seller and tenant, unless the buyer agrees to take over the obligation according to the rental agreement. In the case in question, the buyer had chosen not to do so.
It is therefore crucial who actually has the keys to the summer house and the disposal of it. When the tenant is already living in the summer house, the owner cannot unilaterally demand that the tenant move out again. Only the bailiff and the police can force people out of a property. The tenant could have chosen to stay, and the buyer would instead have had to ask the bailiff for help in getting possession of the summer house. This will usually take 1-2 months. In addition, the buyer can claim breach of contract against the seller and choose to cancel the deal or demand compensation.
But the buyer cannot demand to have access to the summer house before the tenant has vacated it again.
If, on the other hand, the tenant does not yet live in the summer house, and the buyer is therefore “first” to move in, then the situation is the opposite. The buyer of the property and the tenant have not entered into any rental agreement, and the tenant cannot therefore claim physical possession of the summer house.
The tenant's only option in this case is therefore to contact the landlord/seller and demand the return of the rent paid, as well as claim compensation for additional costs and inconvenience as a result of the seller being unable to deliver the rented property as promised.
If the lease had been entered into before 1 July 2015, the rental of the summer house would have been covered by the rules of the Tenancy Act. This meant that the buyer would be bound by the lease to the same extent as the previous owner, and thus that the buyer was also obliged to respect the lease agreements already entered into for the summer house. At that time, the landlord could not refuse to respect the lease agreements, as is the case today, and the tenant would have the right to live in the summer house for the agreed period.
English 
Danish