What is rehousing?
Rehousing is relevant to you if your accommodation is to be demolished. Perhaps it needs to be renovated and you need to be temporarily rehoused, or perhaps the building is permanently closing down. If your home has been exposed to fire or water damage, you may also need to be rehoused. That means you are moving somewhere else temporarily or permanently.
Sometimes you have the option of choosing the type of rehousing yourself, but this must be agreed between you and the landlord. If you disagree to the accommodation, it is the responsibility of the housing organization to make the final decision. They will cover the costs incurred in connection with permanent and temporary rehousing. The costs must be documented.
When are you entitled to rehousing?
If you live in a rental place - which is covered by the rules of the General Tenancy Act - you have the right to be relocated. This applies to both temporary and permanent rehousing. If your tenancy is disbanded and is to be converted to another housing type or size, the housing organization must terminate the lease prior to the rehousing. When you experience that your lease is terminated because the home must be rebuilt or demolished, the housing organization must offer you another permanent rehousing home in the municipality. It may be that the municipality takes over the process of rehousing if the housing organization cannot find a suitable home. You should not expect that it is necessarily a home in the same housing organization that you will be offered. It is best to inquire with the landlord about what options you have.
Temporary rehousing is when your home needs to be remodeled, renovated or refurbished and it will take less than 12 months. The replacement home must be in the same municipality and about the same size as the one you live in, but it can also be a hotel that you are directed to. You must pay the same rent, and the landlord pays any difference. You have to pay for the consumption yourself. If the conversion extends and take more than 12 months, it will be categorized as permanent rehousing.
If you live in a private rental home, you are not necessarily entitled to rehousing. It is an option to make an agreement on rehousing with the landlord. If the expenses can be documented and the rehousing will be due to the landlord, you may be entitled to compensation.
You must therefore be aware of what you can do if you are a private tenant. As a tenant in a public housing association, you are guaranteed rehousing.
Which home should you move into for permanent rehousing?
When you need to be rehoused, you will of course want to know which home you need to move into. For permanent rehousing, this is particularly relevant. According to the law the rehousing home must have an appropriate size, location, quality and equipment. How do they define those three?
The appropriate size means that the home must be the same size as the home you live in or have a room more than the number of people living in the rental house.
By suitable location is understood that you have the right to housing in the municipality you already live in and preferably in the same area. The home can be located in another municipality, if you agree to it. You will be summoned to a meeting with someone from the housing organization who works with the rehousing. You will talk about where it can make sense for you to live and what options your landlord has. If you do not agree, the case must go to the housing court. Hopefully you come to an agreement. As a rule, you will only get one offer, but in some cases you can get several. If you say no, your right to rehousing is waived, and you must find a place yourself. For temporary rehousing, you can also choose to move to a holiday home, to friends and family or travel during the period. In that case, you will receive reimbursement. You must contact the municipality for more information.
What does appropriate quality and equipment mean? The law is not specific in what this means, why you should enter into a dialogue with the housing organization about what your needs are.
Which home should you move into for temporary rehousing?
For temporary rehousing, there are not the same housing legislations as for permanent rehousing. It must be a dwelling that is appropriate in relation to the one you are coming from and the renovation period taken into account. If the rehousing period is short, you may need to stay in a hotel or in a pavilion during the period. If the period is long, you will usually be provided with another accommodation. It may only be in another municipality if you agree to it.
There are no rules for how long the renovation may take, but if it lasts more than 12 months, you have the right to request a permanent home or to have your temporary home become your permanent one.
It may also be that you can move into a holiday home or with family. In that case, you can have reasonable moving expenses covered, which should be documented. Some landlords even offer a reduction in rent, but this is not a requirement.
How will my rights as a tenant be?
When you say yes to your rehousing home, you get a new lease. In the case of temporary rehousing, your old lease will apply.
When you need to move, a landlord inspection will be performed. It is you who is liable for malpractice, in the same way as if you otherwise had to move from a rental place. In some cases, a more lenient inspection may be performed, but you must contact the landlord to find out which inspection rules apply to you.
If it is allowed to have pets in your current home - and you have pets, be sure to inform the housing organization as early as possible so that they can take into account that the future home must also have pets allowed.
If you receive housing benefits, you must apply for it again, where Udbetaling Danmark will calculate housing benefits according to your new place.
If you have to be rehoused temporarily, it may be possible to stay, depending on the scope of the work. If you are going to stay in a hotel for a period of time, there will not be room for all your stuff. You might be able to leave it in the apartment, but otherwise you need to consult the housing organization about whether it is possible to have them stored.
When renovations are to take place in your home, the landlord must contact you 6 weeks before minor work and 3 months before major work.
What do you do if you live in a private home?
If you live in a private home and need to be rehoused, the rules are not as clear or as much on your side. It is important to have insurance. It is the landlord's responsibility to rehouse you as a tenant, but the landlord may not have insurance covering this. In that case, an assessment must be made and it is recommended that you get a legal expert to look into it.