What Is Fremleje and How Does Subletting Work in Denmark?

What is Fremleje?

Fremleje refers to the practice of subletting, where a tenant rents out either part or all of their leased property to another individual. This can take two forms: Partial Fremleje, where a tenant rents out a room while still living in the property, and Full Fremleje, where the entire apartment is rented out while the tenant is temporarily away.

How does it work?

According to Danish law, fremleje must involve a financial transaction. If a tenant allows someone to stay for free, it is considered an illegal loan. Additionally, tenants cannot charge more than their own rent, as this would be classified as illegal overleje (overcharging).

Legal Framework Governing Fremleje

Aspect	Details
Duration	The subletting period cannot exceed two years.
Space Limitations	Tenants can only sublet up to 50% of their rented space.
Documentation	A written sublease agreement is mandatory, and a copy must be provided to the landlord.
Landlord Rights	Landlords can object to a sublease for reasonable causes.

Tenant Rights in Fremleje

Rights of the Subtenant: Subtenants cannot make claims against the landlord; they can only claim against the original tenant.
Responsibilities of the Original Tenant: The original tenant must ensure compliance with the Danish Rent Act and is responsible for the actions of their subtenant.

Common Challenges in Fremleje

Misunderstandings: Miscommunication regarding sublease terms can lead to disputes.
Unauthorized Subletting: This can result in lease termination and legal action.
Financial Implications: Tenants must avoid overcharging subtenants, as this is illegal.

Example

Imagine you are an expat in Denmark and need to travel for work. You decide to engage in fremleje by renting out your apartment to a fellow expat. Ensure you draft a written agreement and inform your landlord to avoid any misunderstandings.

Quick Tips for Expats

Always get your landlord’s written consent before subletting—verbal agreements are not enough under Danish law.
Draft a clear sublease agreement that outlines the duration, rent, and responsibilities of both parties.
Do not charge your subtenant more than your own rent—doing so is considered illegal overcharging.
Be aware that Airbnb and other short-term rentals are not allowed under most Danish leases. Engaging in short-term subletting without permission can lead to immediate lease termination.
Check your lease contract carefully and speak with your housing association or landlord if in doubt.