§ 12-1. Arbitration in residential tenancy disputes
A clause in the contract saying that all disputes must be resolved by arbitration (voldgift) is not binding on you as a tenant (leier) of a home (bolig). An arbitration agreement is only valid if it was made after the specific dispute arose.
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)
An agreement that disputes between the landlord (utleier) and the tenant concerning the lease of a home shall be decided by arbitration is only binding if the agreement on arbitration was made after the dispute arose.
What does this mean?
Arbitration is a private way of resolving disputes — a kind of private court that the parties choose instead of the ordinary courts. It can be faster, but it is often expensive and less accessible.
Some landlords put clauses in the contract saying that all disputes must be resolved by arbitration — meaning you can never go to an ordinary court or the Rent Disputes Tribunal (Husleietvistutvalget).
Such clauses are invalid for tenants of homes. They are contrary to § 1-2 — you cannot give up rights in advance.
Arbitration is only binding if, after a specific dispute has arisen, you both agree to let arbitration decide that particular dispute. It is then voluntary — not something the landlord has forced through in the contract.
Example
Petter signs a tenancy agreement (leieavtale) with a clause saying that all disputes will be resolved by private arbitration. A disagreement arises about the deposit (depositum). Petter takes the case to the Rent Disputes Tribunal. The landlord claims the arbitration clause applies. It does not — the clause was agreed in advance and is invalid for tenants of homes.
What should you do?
Look at your contract. Does it contain an arbitration clause? It is invalid. You can use the Rent Disputes Tribunal or the ordinary courts for disputes about renting a home.