A popular Aarhus guitar shop has filed a lawsuit against the local municipality following a months-long evacuation that forced the business to close. The dispute centers on who should bear financial responsibility when municipal buildings become unsafe.
Akustikken guitar store was evacuated in August when engineers determined the building posed a collapse risk. What began as a one-week safety measure stretched into months of forced closure, creating substantial financial losses for the small business.
Owner Ole A. Thomsen explains the situation. "We hoped Aarhus Municipality would compensate us for the losses we suffered during this period. They lease us the space in the building. But they refused to acknowledge responsibility."
The conflict escalated when repeated compensation claims were rejected. Thomsen states, "We didn't want to involve lawyers. But as the situation developed, I had no choice. Aarhus Municipality has not been cooperative."
The lawsuit specifically seeks compensation for business interruption losses during the evacuation period. Thomsen claims the municipality bears responsibility for maintaining safe premises. "It's their responsibility to ensure their buildings are in proper condition. When they cause the evacuation, we shouldn't have to pay the price."
The legal dispute hinges on interpretation of maintenance responsibilities in commercial leases. Municipal officials argue the specific structural issue was a hidden defect in the basement that they couldn't reasonably have detected.
Tanja Bendorff, head of Commercial Leasing for Aarhus Municipality, defends their position. "This was a hidden flaw in the basement area we don't normally access. We acted immediately once we became aware of the damage."
The municipality has covered repair costs and offered proportional rent reduction during the closure. However, they maintain compensation for business losses falls outside their obligations unless contractual conditions are met.
Bendorff explains, "We cannot pay compensation when we don't believe the legal conditions are satisfied. We've treated the tenant fairly from a legal perspective."
This case highlights the challenges small businesses face when dealing with municipal landlords across Nordic countries. The power imbalance often leaves smaller operators vulnerable during property disputes.
For Thomsen, the matter has become one of principle. "I cannot accept how Aarhus Municipality treats its tenants. This isn't just about money—it's about proper treatment of small businesses that contribute to our community."
The financial claim amounts to approximately one million Danish kroner. While not threatening the business's survival, Thomsen notes, "It's substantial money for a guitar store to lose, especially when the situation isn't our fault."
With their lease expiring in February, Akustikken plans to relocate to new premises near the old architecture school at Nørreport in late November. The store aims to reopen then, though Thomsen admits recovery will take time.
"We'll have been away from the industry for three months. Our focus will be getting operations running smoothly again. We'll celebrate the reopening eventually, but that won't be our first priority," he says.
The case continues through the legal system, serving as a cautionary tale for both commercial tenants and municipal landlords throughout Denmark and neighboring Nordic countries.