§ 10-3. The landlord can claim compensation if you do not return the home properly
If you return the home late, the landlord can claim rent for the period of delay. If you return it in worse condition than agreed, the landlord can claim the cost of putting it right. The claim must be made within a reasonable time after the landlord discovered the defect.
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 rented premises (husrom) are not placed at the landlord's (utleier) disposal on the day the tenancy (leieforhold) has ended, the landlord may claim payment equal to the agreed rent until the tenant's (leier) use ends.
If the rented premises are in worse condition than what has been agreed or laid down in § 10-2, the landlord may claim coverage of necessary expenses for putting them right. The claim must have been made within a reasonable time after the landlord ought to have discovered the defect (mangel). The rule in the second sentence does not apply if the tenant has acted with gross negligence or contrary to honesty and good faith.
The landlord may claim compensation (erstatning) for other loss resulting from the tenant's breach of the tenancy agreement (mislighold). However, this does not apply to the extent the tenant proves that the breach is due to an impediment beyond the tenant's control, which the tenant could not reasonably be expected to have taken into account at the time of the agreement or to have avoided or overcome the consequences of.
If the breach is due to a third party whom the tenant has engaged to restore the rented premises wholly or partly, the tenant is free from liability only if the third party would also be exempt under the rules in the third paragraph.
The exemption from liability applies for as long as the impediment continues. If the impediment ceases, liability may be asserted if the tenant is then obliged to perform but does not do so.
The rules in the third, fourth and fifth paragraphs do not cover such indirect loss (indirekte tap) as is mentioned in § 5-8 fourth paragraph.
The landlord may in all cases claim compensation if the breach or the loss is due to error or neglect on the tenant's part. For the assessment of the compensation, the provisions in § 2-14 first, fifth and sixth paragraphs apply correspondingly.
What does this mean?
The moving-out day is a specific date. If you stay longer than that, you must pay rent (husleie) for the days you stayed too long.
Delay: If you are not out on the end date, the landlord can claim rent equal to the agreed rent until you have actually moved out. No more, no less.
Damage and defects: If the home (bolig) is in worse condition than § 10-2 requires — damage beyond normal wear and tear (alminnelig slit og elde), poor cleaning, belongings left behind — the landlord can claim the cost of putting it right. But:
One: The landlord can only claim necessary expenses — not excessive upgrades.
Two: The landlord must make the claim within a reasonable time after discovering, or when they ought to have discovered, the defect. If the landlord waits too long, they lose the right to claim for that particular defect.
Your defence: If you can prove that the defect is due to something beyond your control — something you could not have foreseen or avoided — the duty to pay compensation falls away.
Examples
Lars is not out of the flat on the agreed moving-out day. He needs three extra days. The landlord can claim rent for three days — that is, 3/30 of the monthly rent. If the rent is NOK 12,000, that is NOK 1,200.
Marius hands the flat back, but four months later the landlord discovers moisture damage behind a cupboard. If the damage has been there since Marius lived there, and the landlord ought to have discovered it during the inspection, it may be too late to make the claim. A complaint about a defect (reklamasjon) must be made within a reasonable time.
Common mistakes
- Believing that the deposit (depositum) is the landlord's only option. The deposit is one safety valve — the landlord can claim more than the deposit in compensation if the damage is extensive enough.
- Forgetting to attend the move-out inspection. Without an inspection, it is harder to know what was recorded and by whom.
- Leaving the home without formally handing over the keys. The home is not returned until the landlord has the keys and unhindered access.
What should you do?
Make sure you are out on time. Carry out an inspection with the landlord and make sure you agree on the condition. Hand over the keys against a receipt. Take photos of everything. Keep the documentation for at least one year after moving out.
- § 10-2Requirements when returning the home
- § 3-5Deposit and the payout process
- § 5-8The tenant's liability to pay compensation
- § 2-14Direct and indirect loss