§ 12-4. Anticipated enforceability — eviction before the judgment is final and binding

Normally, a judgment cannot be enforced — for example, an eviction cannot be carried out — as long as the judgment has been appealed and is not final and binding. You have the right to stay in the home while the appeal is ongoing.

§ 12-4 is an exception to this: In special cases, the district court (tingretten), and where relevant the appeal court, can give the landlord consent to carry out an eviction even though you have appealed.

"Special cases" is a high threshold. It will typically involve situations where it is clear that the appeal will not succeed, and where there are strong reasons for the eviction to happen quickly — for example a material breach (vesentlig mislighold) that damages the building or harms the other residents.

As a tenant, the most important thing to know is this: An appeal normally postpones enforcement. If you disagree with a judgment in a case about a notice of termination, you appeal, and as a starting point you can stay in the home while the appeal is ongoing.

If you have lost a case about a notice of termination and are considering an appeal: Contact a lawyer or the Rent Disputes Tribunal (Husleietvistutvalget) immediately. The appeal normally gives you time to assess the situation while you live there. But be aware that the landlord can apply for anticipated enforceability.