§ 2-1. When should you get the keys?
The landlord (utleier) must give you access to the home (bolig) on the date you agreed. The handover (overlevering) counts as having taken place when you have received the keys and unobstructed access. If the home is in a significantly worse condition than agreed, you can refuse to accept it.
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 landlord shall place the rented premises (husrom) with accessories at the tenant's (leier) disposal at the agreed time.
Unless otherwise agreed, handover is deemed to have taken place when the tenant has received keys and otherwise unobstructed access to the rented premises. The tenant may refuse to take over the rented premises if they are in a significantly worse condition than the tenant can demand under the agreement and the provisions of this chapter, and in that case handover shall not be deemed to have taken place.
If the time of handover is not set in the agreement, the tenant may demand to take over the use of the rented premises at the third turn of the month after the agreement became binding.
What does this mean?
Once you have entered into a tenancy agreement (leieavtale), the landlord is obliged to give you access to the home on the agreed date. Not three days later. Not "when the previous tenant has moved out". The agreed date.
What does "handover" mean? That you have actually received the keys and can come and go freely. A key alone is not enough — if a guard is in the way, or the previous tenant is still there, the handover has not yet taken place.
Can you refuse to accept the home? Yes, but only if the home is in a significantly worse condition than you were entitled to. A bit dirty or a bit messy is not enough. If there is major damage, serious defects, or someone else is living in the home — then you can refuse, and the handover is not deemed to have taken place.
If you refuse to accept it, your obligation to pay rent (husleie) for that period also stops. You are not left in limbo.
No date agreed? If you have not set a specific date in the contract, you can demand to move in at the third turn of the month after the agreement became binding. So if you entered into the agreement on 15 January, you can demand access from 1 April.
Examples
Marius has signed a contract with a move-in date of 1 March. He shows up with the moving van, but the previous tenant is still there and has not cleared out. The landlord says "it will be sorted out in a few days". Marius can refuse to accept the home — the handover has not taken place. He does not have to pay rent for the days he did not have access, and he can claim compensation (erstatning) for extra costs.
Ingrid takes over a flat that is a bit dirty, but otherwise in order. She is unhappy, but this is probably not a significantly worse condition. She should accept the flat and then make a written complaint about the cleanliness. That gives her better rights than refusing the handover.
Common mistakes
- Believing you have to accept the home no matter what. No — if it has significant defects, you can refuse, and you have the right to do so.
- Paying rent even though you have not received the keys. If the handover is delayed, you do not have to pay for the period of the delay.
- Accepting the home without documenting its condition. Always take photos with the date and time when you take over. This is crucial if a dispute arises when you move out.
What should you do?
On the day of handover: Take photos of everything. Feel free to use a handover/move-in form (Huseierne (the Norwegian Homeowners' Association) and Leieboerforeningen (the Tenants' Association) have templates). Note all damage and defects you see, and send the list in writing to the landlord shortly afterwards. Then you have documentation.
- Moving into a rented home: what you are entitled to when you get the keys
- Can I demand that the landlord changes the lock before I move in?
- Can I claim compensation when the commercial premises are not ready by the agreed date?
- How to document the condition of the commercial premises when moving in and moving out