Væsentlige mangler i lejemål

Abstract

It is becoming increasingly popular to lease a tenancy instead of owning a house. This results in a higher number of cases regarding renter’s rights. Therefore, it becomes interesting to examine these rights. This project will more specifically examine what gives a lessee the right to terminate a leasing contract, when the lessee finds a defect in the tenancy. Furthermore, the project wishes to examine if there’s a difference between the Danish Rent Act and the Consolidated Act on Lease of Business Premises. This is interesting as Danish law is written to protect consumers. This thesis searches to answer these questions by using the legal method. This is done by finding and analyzing literature and law text. Afterwards court decisions on the subject will be analyzed. Combined, this will show the applicable law on the subject, which is later used as basis for the conclusion to the thesis’ questions. In the examination the thesis has explored what makes a defect material enough to invoke the lessee’s remedies. These remedies are found to be claim damages, reduction in rent and termination as a last resort option. After commencement of the lease agreement, the lessee has two weeks to inform the lessor that there’s a defect on the leased premises. This rule is the same for both residential leasing and commercial leasing. Furthermore, the lessee has the same remedies in both kinds of leasing. When examining court cases, the thesis will divide them up in multiple subjects. This is done with the intent to compare defects in residential and commercial leasing. The comparison will show, if the materiality assessment is found to be the same in both kinds of leasing. With consumer consideration in mind, it’s not unlikely that the same defect would be treated differently in the legal system. Some defects are found in both leasing areas, and some are only found in residential and commercial leasing, respectively. This thesis finds the materiality assessment the same in both areas of the law. Therefore, the same defect can become material and invoke the lessee’s remedies. The defects seen in commercial leasing agreements are not all the same as the ones seen in residential leasing agreements. Mold is the defect with most repetitions and court cases. It’s clear in both areas that mold is a very serious problem, and that the lessor has to remedy the problem immediately. Other defects such as incorrect square footage in the agreement and animal pests are not seen in both areas.

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A master thesis from Aalborg University

Væsentlige mangler i lejemål

[Material deficiencies in tenancies]