§ 1-3. Standard terms for tenancy contracts
If your tenancy agreement (leieavtale) is based on a standard tenancy contract (standardkontrakt) — for example the one from Huseierne (the Norwegian Homeowners' Association) and Leieboerforeningen (the Tenants' Association) — the landlord (utleier) must tell you in writing about every place where the contract departs from the standard. If the landlord does not do this, the standard terms apply, not the departure.
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
The text of the law (unofficial translation)
If the tenancy agreement has been entered into on the basis of, or with reference to, standard terms that have been drawn up after negotiations between organisations for tenants and landlords, any departures from the standard terms shall be stated in writing no later than when the agreement is entered into. If this has not been done, the standard terms apply.
The provision in the first paragraph does not prevent a tenant of a home from relying on an agreement that places the tenant in a more favourable position than what follows from the standard terms.
What does this mean?
In Norway, many landlords use standard tenancy contracts that have been made in cooperation between landlord organisations and tenant organisations. The best known is the contract that Huseierne and Leieboerforeningen have drawn up together.
These standard tenancy contracts are designed to be fair to both parties.
If the landlord uses such a standard but has changed something — added a clause, deleted something, or changed a number — the landlord must tell you in writing, and no later than when you sign. If the landlord does not do this, the standard terms apply automatically. The change you were not told about does not count.
As a tenant (leier) of a home (bolig), you can always rely on a term in the agreement that is better for you than the standard — even if you were not told about it. So the rule is only a safeguard against the landlord quietly changing something to your disadvantage without saying so.
Example
Eva rents a flat. The landlord uses a standard tenancy contract but has written in that she does not have the right to keep pets. The standard allows pets where there is a legitimate reason (saklig grunn). The landlord never mentioned the departure in writing when the agreement was entered into. So the standard term applies — not what the landlord added. Eva can keep a pet.
Common mistakes
- Thinking all contracts are standard tenancy contracts. Not all contracts are. The rule in § 1-3 only applies when the agreement is actually based on a standard drawn up between organisations.
- Thinking departures are invalid even if you were told about them. No — if the departure was stated in writing, it applies (as long as it does not conflict with § 1-2).
What should you do?
Check whether your contract refers to a standard tenancy contract. If so, look for handwritten additions or changes. Were these explained in writing? If not, you can argue that the standard terms apply — not the change.
- § 1-2The Act cannot be departed from to the tenant's disadvantage
- § 1-4The tenancy agreement can be made orally or in writing