§ 11-3. Special rules for employer-provided housing
If you live in employer-provided housing (tjenestebolig) as part of your job, you can be given notice to leave the home when your employment ends — without the usual rules protecting you against notice of termination. But you must have been told this in writing when you entered into the agreement.
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)
The provisions of this section apply to the letting of a home (bolig) that the tenant (leier) has rented in their capacity as an employee, when the tenant has been informed in writing that the agreement concerns a home as mentioned here, and that this gives the tenant fewer rights than when renting another home.
The right to take over the tenancy agreement (leieavtale) under § 8-2 does not apply when the tenant, or someone who has continued the tenancy (leieforhold), dies. Before a demand to move out can be made, a member of the household (husstand) is entitled to a notice with a deadline as mentioned in § 9-6.
If the tenant is to leave the employment or be transferred, a notice of termination (oppsigelse) of the tenancy can only be set aside by the court under § 9-8 when special reasons make it reasonable. The court shall ensure that the notice of termination is not used as a weapon in an employment dispute. This also applies when the tenant or a member of the household has, after the employment ended, continued the tenancy or instead rented another home from the employer.
The right to terminate the tenancy agreement with immediate effect (heving) for delay under § 2-12 and the provisions in § 7-4 and § 8-3 do not apply to a home that the tenant is obliged to live in, where the obligation to live there is necessary for carrying out the work. For such a home, the tenancy agreement lapses, notwithstanding the provisions in Chapter 9, when the tenant leaves the employment or is transferred.
The provisions of the fourth paragraph apply correspondingly to: a. a home that the state has made available to members and deputy members of the Storting (the Norwegian Parliament) or to the political leadership of the ministries, b. a home that a municipality, Opplysningsvesenets fond (the Church of Norway's property fund) or a statutory church body has made available to an official or employee of the Church of Norway (Den norske kirke), and c. a home that the armed forces have made available to their own personnel.
For homes as mentioned in the fifth paragraph, §§ 4-2 and 4-3 do not apply.
What does this mean?
Employer-provided housing is a home you rent because you work at a particular place — typically a vicarage, a head teacher's residence, military quarters, or a home made available by an employer as part of the job offer.
If the home is tied to the job, it is natural that the home follows the job.
The most important exceptions from the ordinary Tenancy Act:
The tenancy agreement lapses without notice of termination when the employment ends — if the home is one you are obliged to live in to do your job.
The right to take over the tenancy agreement on death (§ 8-2) does not apply — household members cannot take over employer-provided housing.
A notice of termination when employment ends can only be set aside by the court in special cases where it would be very unreasonable.
Written information is an absolute requirement. If you did not know that the home was employer-provided housing with reduced rights, the ordinary rules apply. Your employer cannot give you fewer rights without saying so.
Examples
Tom is a priest and lives in a vicarage. His employment contract states in writing that the home is employer-provided housing. Tom leaves his position. The home belongs to the church and he can be given notice to leave without the usual rules protecting him against notice of termination — Tom knew what he was agreeing to.
Kari was given a home by her employer as part of her employment, but was never told in writing that it was employer-provided housing. Her employer tries to give her notice to leave the home when she is dismissed from her job. Kari can rely on the ordinary Tenancy Act — she did not receive the required written information.
Common mistakes
- Accepting employer-provided housing without reading what the contract says about your rights. Always read what you are giving up.
- Thinking that household members can automatically stay on. In employer-provided housing they cannot — they are entitled to a notice and a deadline under § 9-6 before they can be required to move out.
What should you do?
If you live in a home through your job: Read the contract carefully. Does it state that it is employer-provided housing and that you have reduced rights? If it does not, you have ordinary tenant rights. Contact the Rent Disputes Tribunal (Husleietvistutvalget) if in doubt.
- § 8-2Rights when the tenant dies
- § 9-5The landlord's right to give notice of termination
- § 11-1Special rules for people who struggle to find housing
- § 9-8Objection to notice of termination
- Chapter 11 of the Tenancy Act: when a tenant has fewer rights than usual
- Employer-provided housing: what rights do you have when the home follows the job?
- Do I have to move out of employer-provided housing when I leave my job?
- Can an employer use employer-provided housing as pressure in an employment dispute?