{"id":1656,"date":"2019-03-04T12:04:00","date_gmt":"2019-03-04T11:04:00","guid":{"rendered":"https:\/\/paragraf.keydesigndev.dk\/?p=1656"},"modified":"2023-01-26T10:11:34","modified_gmt":"2023-01-26T09:11:34","slug":"airbnb-regler-for-udlejning","status":"publish","type":"post","link":"https:\/\/paragrafadvokaterne.dk\/en\/artikler\/airbnb-regler-for-udlejning\/","title":{"rendered":"Airbnb \u2013 when can you rent out?"},"content":{"rendered":"
\n\t\t\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t
\n\t\t\t
<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t
\n\t\t\t
<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t
\n\t\t\t
<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t

Airbnb \u2013 when can you rent out?<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

As with many other new initiatives, Airbnb has, in a modern word, \u201cdisrupted\u201d the Danish market for renting out primarily leisure rentals. This presents some challenges, as the relationship between the new opportunities and the legislation is unclear to many. With this article I will try to provide an overview of when you can rent out via Airbnb and when you can\u2019t.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

\n\t\t\t\t
\n\t\t\t\t\t

Subletting rental properties via Airbnb<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

This section looks at cases where a tenant of a rental property wishes to sublet all or part of the rental property via Airbnb. Since the tenant is not the owner of the rental property, but only the tenant, there will usually be some restrictions on subletting.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

\n\t\t\t\t
\n\t\t\t\t\t

Partial subletting of private and public leases<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

Regardless of the size of the rental, as a tenant you are always allowed to sublet up to half of your rental property for residential purposes. The conditions are that a maximum of half of the rooms may be sublet, and that no more people may live in the apartment than there are rooms. This means that if a couple already lives in a 2-room apartment, you are not allowed to sublet a room, as this would result in too many residents in the rental property.<\/p>

The lease must be in writing, and the landlord must have a copy of the sublease agreement. However, the landlord cannot object to subletting unless too many people will be living in the apartment.<\/p>

In a judgment from 2004, the Eastern High Court concluded that subletting rooms in a rental apartment on a \u201cday-to-day\u201d basis was not covered by the tenant\u2019s right to partial subletting in section 69 of the Tenancy Act, but was to be considered commercial letting. The judgment is practically relevant today, as this is precisely what many tenants do via Airbnb, as Airbnb is primarily used for short-term letting. The judgment from 2004 thus completely establishes that partial subletting via Airbnb for leisure purposes is not covered by the tenant\u2019s right to sublet.<\/p>

This is in line with the provision in Section 69 of the Tenancy Act that subletting must be for "residence", which means that the subtenant must intend to use the sublet as a permanent residence. The same rule is found in Section 64 of the General Tenancy Act.<\/p>

The conclusion is that you may not partially sublet your private rental home via Airbnb, unless it is a long-term rental agreement where the tenant registers his residence at the address. In the event of illegal subletting, the landlord can send the tenant a demand that the subletting be terminated. If this does not happen, the landlord can terminate the rental agreement.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

\n\t\t\t\t
\n\t\t\t\t\t

Complete subletting of private and public leases<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t

Under certain conditions, which appear from Section 70 of the Tenancy Act and Section 65 of the General Tenancy Act, you may sublet your entire rental home while you live somewhere else.
The conditions are:<\/p>