§ 12-3. Temporary right of use during legal proceedings
If a court case about approval of a subtenant, household member or new tenant is pending, the court can give that person a temporary right to live there while the case is ongoing — with or without the provision of security.
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)
When a lawsuit (søksmål) for approval under the rules in chapters 7, 8 or 11 has been brought, the court may, by ruling at the request of the plaintiff, with or without the provision of security, decide that the person whose approval as subtenant (framleier), household member or new tenant (leier) is sought shall have a right of use of the rented premises (husrom) until the case has been finally and bindingly decided. The procedural rules in the Dispute Act (tvisteloven) chapter 32 and 34 apply correspondingly.
What does this mean?
Legal proceedings take time. If there is a dispute about who has the right to live somewhere — for example, the landlord (utleier) refuses to approve a subtenant or a household member and the case ends up in court — it can take months before it is decided.
In the meantime: Who lives there?
§ 12-3 allows the court to issue a temporary ruling on the right of use. This means that the person who is the plaintiff — for example the subtenant who wants to be approved — can live there while the case is ongoing. The court can require security to be provided, or grant the right of use without it.
This protects against the landlord's refusal having immediate consequences even if the refusal turns out to be unlawful.
Example
Lars's sister wants to move in as a household member. The landlord refuses without a legitimate reason (saklig grunn). Lars files a lawsuit. The court gives the sister a temporary right of use while the case is ongoing — she can move in and live there until a judgment is given.
What should you do?
If you are in a case about approval of a subtenant or household member and you are the plaintiff: Ask the court for a temporary right of use as part of the lawsuit. This requires the case to be sufficiently justified.
- § 7-1Taking in household members
- § 7-3Subletting (framleie) part of the home
- § 8-4Transfer of the right to rent
- § 12-5The Rent Disputes Tribunal (Husleietvistutvalget)