§ 11-4. Special rules when you rent out your own home temporarily
If you rent out your own home (bolig) while you are temporarily away — for example because of work, studies or a longer stay abroad — simplified rules apply. The tenant (leier) then has reduced rights, but must have been told this in writing.
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 that the landlord (utleier) has used as their own home, and that is let during a temporary absence of up to five years. The provisions apply only if 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 provision in § 7-3 on subletting (framleie) part of a home and § 7-4 on subletting during temporary absence does not apply.
Of the provisions in Chapter 9, only § 9-10 on the death of the tenant shall apply. If the tenancy agreement (leieavtale) has not been entered into for a fixed term, the tenant is always entitled, before moving out (fraflytting), to notice with a time limit as mentioned in § 9-6.
If the landlord has not terminated the tenancy agreement or requested the tenant to move before the landlord's absence has lasted five years, the provisions of the Act apply in full to the tenancy agreement.
What does this mean?
Imagine you own the flat you live in, but you are going to work in Singapore for two years. You want to rent it out while you are away, and you want the home back when you come home. That is reasonable — and the law gives you a simple way to do it.
What is special about these agreements?
As a landlord in this situation, you are exempt from the usual, strict rules protecting tenants against termination in Chapter 9. You can give the tenant notice and get the home back — without needing one of the four lawful reasons under § 9-5.
This means the tenant you take in has far weaker protection than an ordinary tenant. The tenant can be given notice without a reason, with ordinary notice under § 9-6.
But — written information is an absolute requirement. You must tell the tenant in writing, no later than when the contract is entered into, that the home is your own and that this gives the tenant reduced rights. If you do not, the ordinary Tenancy Act applies.
The five-year limit. If you have been away for more than five years without giving notice or requesting the tenant to move, the special rules no longer apply. From then on, the ordinary Tenancy Act applies in full.
Examples
Lars owns a flat and is going to study in Trondheim for two years. He rents it out and informs the tenant in writing that it is his own home and that the tenant has reduced rights. After two years Lars comes home and gives the tenant three months' notice to move out — without giving a reason. This is lawful.
Ingrid rents out her flat without informing the tenant that it is her own home. After two years she wants the home back. The tenant relies on the ordinary Tenancy Act — and is right. Ingrid forgot the duty to inform in writing, and the tenant has full protection against termination.
Common mistakes
- Renting out without giving written information about the special rules. Then the ordinary rules apply — and you lose the easy way out.
- Being away longer than five years without giving notice. Then the ordinary rules apply, and you cannot simply ask the tenant to move.
What should you do?
If you are going to rent out your own home temporarily: Use a standard tenancy contract (standardkontrakt) that clearly states that it is your own home, that the tenant has reduced rights, and that this is based on § 11-4. Set a specific end date if you know when you are coming back. And remember to give notice or request the tenant to move out before five years have passed.
Frequently asked questions
Can the tenant demand to stay even if I want the home back?
What if I sell the home while I am away — does § 11-4 then apply to the new owner?
- § 9-5The landlord's right to give notice
- § 9-6Length of the notice period
- § 8-6Change of ownership
- § 11-3Employer-provided housing
- § 7-4Subletting during absence