§ 2-11. You can demand lower rent if the home has defects
If the home (bolig) is not ready on time or has a defect (mangel), you do not have to pay full rent. You can demand a rent reduction — that is, reduced rent — for the period the problem lasts. The reduction is calculated based on how much the defect actually reduces the value of the home to you.
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)
If the rented premises (husrom) are not placed at the tenant's (leier) disposal at the right time, the tenant is not obliged to pay rent for the time the delay lasts. If the delay concerns only part of the rented premises, the tenant can demand a rent reduction for the time the delay lasts corresponding to the ratio between the rental value of the rented premises and that of the delayed part.
During the time the rented premises suffer from a defect, the tenant can demand a reduction in the rent so that the ratio between the reduced and the agreed rent corresponds to the ratio between the rental value of the rented premises in defective condition and in the condition required by the contract. However, this does not apply to the time after the tenant has refused an offer of repair of the defect (retting) that the tenant was obliged to accept.
What does this mean?
Rent reduction is perhaps the most practical right you have as a tenant — and the most overlooked.
Delay at handover (overlevering): If you do not get the keys at the agreed time, you do not have to pay rent for the days you had no access. If only part of the home is unavailable, the reduction is calculated proportionally.
Defect during the tenancy: If the home suffers from a defect — a broken bathroom, ventilation that does not work, serious noise caused by the landlord (utleier) — you can demand reduced rent for the entire period the defect lasts. The reduction should match how much the defect actually reduces the value of the home.
How is the reduction calculated? You look at the ratio between what the home is worth with the defect and without it. If it is a small inconvenience, the reduction is small. If the bathroom is completely unusable, the reduction is larger. There is no fixed answer, but think of it this way: What would you have paid for this home if you had known about the defect from the start?
Important limitation: If the landlord offers to repair the defect, and you are obliged to let him repair it, but you refuse — you lose the right to a rent reduction from that point on.
Examples
Lars cannot use the bathroom for three weeks because of a serious leak. The bathroom is the only one in the flat, which costs NOK 12,000 a month. The defect is significant and considerably reduces the value of the home. Lars can demand a rent reduction of perhaps NOK 3,000–4,000 for the three weeks, depending on a concrete assessment.
Anne does not get access to the storage room that came with the flat for two months, because the landlord uses it to store his own things. The rent is NOK 10,000. The storage room makes up a small part of the whole. Anne can demand a proportional rent reduction — perhaps NOK 300–500 a month — for the two months.
Common mistakes
- Stopping paying rent without giving notice. A rent reduction requires that you tell the landlord. If you simply stop paying, the landlord can terminate the contract for breach of the tenancy agreement (mislighold). See instead § 2-15 on withholding rent the right way.
- Demanding too large a reduction and losing credibility. The reduction must be proportionate to the actual defect — not what you think is reasonable.
- Forgetting to document the defect and how long it lasted. Take photos and keep messages to the landlord.
What should you do?
If you have a defect: Notify the landlord in writing, demand repair with a deadline, and state that you reserve the right to a rent reduction for the period the defect lasts. If you cannot agree, the Rent Disputes Tribunal (Husleietvistutvalget) can determine the reduction.
- § 2-1Time of handover
- § 2-10Right to repair of defects
- § 2-15Right to withhold rent
- § 2-12Termination with immediate effect