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17 September 2021

New Decision From The Danish Supreme Court on the Period Within Which Notice Must Be Given For Hidden Defects Upon the Tenant’s Vacation of the Premises

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The rules for the landlord’s notice for defects upon the tenant’s vacation of the premises are found in the Danish Lease Act, Section 98(2). According to this provision, the landlord must give notice for defects to the tenant no later than two weeks from the date of vacation or in case the landlord leases out more than one residential apartment, two weeks from the date of the vacation inspection (in Danish: “Flyttesynet”).

The rules in the Danish Lease Act, Section 98(2), on the other hand, do not state the period for notifications for hidden defects, i.e., defects that cannot be detected with usual “alertness”. Such claims must be made within “reasonable time”, which is naturally subject to legal interpretation.

A new decision from the Supreme Court of Denmark provides interpretative aid for determining what a “reasonable time” is. The decision will be explained in further detail in this newsletter.

Frantz Sigersted-Rasmussen

Partner

+45 30 37 96 80

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Jep Becher Jensen

Senior Associate

+45 30 37 96 25

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Abinass Sivanesan

Trainee

+45 30 37 96 91

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