1. Condo and Airbnb: your rights as an owner
As the owner of a condo (ejerlejlighed), you enjoy a very high degree of control over your property. The starting point in Danish condo law is that you may use your home as you wish, as long as you do not unreasonably disturb the other residents. This includes the right to rent it out.
The 2019 Western High Court ruling. In September 2019, the Western High Court overturned an owners' association's attempt to ban rentals shorter than three months. The court ruled that a total ban on short-term rentals is such a significant infringement of the owner's rights that it requires the consent of every single owner in the association. A simple majority was not enough. The ruling was a major victory for homeowners wishing to rent out.
The 2020 standard articles changed the rules. After the 2019 ruling, Danish condo law and the standard articles of association were updated (effective 1 January 2021). Section 30(3) of the standard articles now explicitly states that the general assembly may "restrict owners' right to short-term rental" with a qualified majority (typically two-thirds). Note that the standard articles only apply if your association has not adopted its own registered bylaws.
This means that an owners' association can now adopt restrictions — for example, a cap of 30 rental days per year. But there is an important difference between a restriction and a total ban. A total ban still requires the consent of all owners.
In extreme cases, an association may attempt to exclude an owner and force a sale, but this requires gross, commercial hotel-type operation. Ordinary rentals within the 70-day rule do not fall into that category (PLST).
In brief: What can your owners' association require?
- Reasonable house rules for guests and a requirement to notify the board
- Restrictions on short-term rental with a qualified majority (2020 standard articles)
- But NOT a total ban without the consent of every owner (Western High Court 2019)
- NOT fines, unless there is a specific registered legal basis in the bylaws
Checklist for condo owners
- Find your bylaws — they are usually on the association's website or can be looked up in the Land Registry
- Read the rental clause — check if short-term rental or Airbnb is specifically mentioned
- Check the type of bylaws — does your association have its own registered bylaws, or do the standard articles apply?
- Check validity — if there is a ban, has it been correctly registered?
- Notify the board — let them know you plan to rent out and that guests will respect the house rules
2. Co-op and Airbnb: what the bylaws allow
If you live in a co-op (andelsbolig), you do not own the flat itself but a share of the association's assets with the right to occupy a specific unit (Danish Co-op Act). Co-op associations therefore traditionally have stricter rules than condo associations. The starting point is that you may only do what the bylaws explicitly allow.
Standard bylaws on subletting. Many associations base their bylaws on the standard from the Danish Federation of Co-op Housing Associations (ABF). Typically, you must have lived in the flat for at least six months before subletting. In addition, subletting normally requires the board's approval.
Penalties for violations. If you rent out in breach of the bylaws, the first step will typically be an order from the board to stop. Some associations have introduced financial penalties for illegal rentals. In cases of repeated or serious violations, the board may ultimately expel you — meaning you must move out and your share is sold.
Checklist for co-op members
- Read the bylaws — find the section on subletting and short-term rental
- Ask the board — get written confirmation of how they interpret the Airbnb rules
- Respect the residency period — do not rent out before you have lived in the flat for the required period (often 6 months)
- Respect the day limit — if the association has a cap (e.g. 3-4 weeks), strictly observe it
- Inform your neighbours — a good relationship with the building prevents many complaints
3. Rental property and Airbnb: what tenancy law says
As a tenant, you are bound by both Danish tenancy law and your specific lease. The rules for renting out a rental property on Airbnb are restrictive, because you are effectively sub-letting someone else's property.
Tenancy law distinguishes between two types of subletting: (1) Subletting part of the property (§ 157) — you have the right to sublet up to half of the living rooms. (2) Subletting the entire property (§ 158) — you may sublet the entire flat for up to two years if you are posted abroad, studying in another city, or similar.
Important nuance: Short-term rental via Airbnb does not fit neatly into either of these categories. Airbnb is holiday rental, not residential subletting. It is a legal grey area. The main rule is therefore clear: You must always have your landlord's explicit permission to rent on Airbnb. Without permission, it is illegal.
Consequences of illegal subletting. Landlords typically crack down hard on illegal Airbnb rentals. You will receive an order to stop. If you continue, the landlord can terminate your tenancy with immediate effect. You may also face liability for any damage caused by your guests.
Social housing. If you live in a social housing association (almen bolig), the rules are even stricter. Short-term rental is generally prohibited in the social housing sector. The purpose of social housing is to ensure affordable homes, not to facilitate holiday rentals.
Checklist for tenants
- Read your lease — check § 11 (special conditions) for mentions of subletting or Airbnb
- Ask your landlord — get a written yes before creating an Airbnb profile
- Respect a no — defying a refusal can cost you your home
- Check your contents insurance — does it cover you when strangers stay in the flat?
- Observe the 70-day rule — even with permission, the national rules still apply (skat.dk)
4. What to do if your owners' association pressures you
Sometimes homeowners find that the board of their owners' association tries to stop Airbnb rentals even though there is no legal basis. If you are in this situation, it is important to stay calm and know your rights.
Ask to see the specific bylaw provision. Ask the board to refer precisely to the clause that prohibits or restricts your rental.
Check whether the provision was validly adopted. Under standard article 30(3), a restriction can be adopted with a two-thirds majority. But a total ban may require the consent of all owners, as the Western High Court ruled in 2019.
Refer to the relevant legal basis. If the board insists on a ban that was only adopted by simple majority, you can point out that a qualified majority or unanimity is required.
Seek legal advice if in doubt. If the situation reaches a deadlock, it is better to have a lawyer assess the bylaws than to take a prolonged conflict with the association. You should also be aware of the new Housing Patrol in Copenhagen, which actively identifies violations of the 70-day rule.
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5. How Doorstep helps you navigate the rules
Renting out your home should be a safe experience, not a source of legal worry. As a professional property manager, Doorstep helps you ensure that everything is done by the book.
When you work with us, we check your bylaws so we know exactly what the framework is. We set your calendar so you never exceed the 70-day rule or your association's own restrictions. We provide professional guest communication so they know the house rules and respect your neighbours.
And if the board has questions about your rental, we can provide all the documentation needed to show that everything is correct and within the law. See our services or check our fixed prices.
6. Frequently asked questions
Can my owners' association ban me from renting on Airbnb?
A total ban requires the consent of every owner in the association. However, if the association uses the 2020 standard articles, they can adopt restrictions (e.g. a cap on the number of days) with a qualified majority.
What did the 2019 Western High Court ruling say?
The ruling established that an owners' association cannot adopt a total ban on short-term rental without the consent of all owners. A simple majority at the general assembly is not enough.
What does Section 30(3) of the standard articles mean?
It gives the general assembly the power to restrict owners' right to short-term rental if adopted with a qualified majority (typically two-thirds). It is a newer tool introduced after the High Court ruling.
Can I rent out my co-op flat on Airbnb?
It depends entirely on your association's bylaws. Many associations allow short-term rental to a limited extent (e.g. three weeks per year), while others prohibit it. Always ask the board.
Can I sublet my rental property on Airbnb?
Only if you have your landlord's explicit permission. Without permission, you risk losing your home.
What happens if I rent out without permission?
In a co-op, you may receive an order, a fine or ultimately be expelled. In a rental, the landlord can terminate your tenancy. In a condo, the board can demand you stop if it breaches validly adopted rules.
Do I need to inform my owners' association that I am renting out?
Yes, if your association uses the standard articles, you are obliged to notify the board and provide contact details so they can reach you if problems arise with guests.
7. Summary
Here are the key points about your right to rent on Airbnb in Denmark.
The 5 key points
- As a condo owner, you have strong rights — a total Airbnb ban requires the consent of all owners
- Owners' associations can adopt restrictions with a qualified majority via the 2020 standard articles
- In a co-op, the bylaws and the board decide — read them carefully
- As a tenant, you always need your landlord's explicit permission for short-term rental
- Always make sure you know the rules and maintain good relations with your neighbours before renting out
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