§ 2-13. You can claim compensation for losses caused by delay or defects
If you have lost money because the home (bolig) was not ready at the agreed time, or because it had defects (mangler), you can claim compensation (erstatning) from the landlord (utleier). The exception is if the delay was caused by something completely outside the landlord's control, which he could not have foreseen or avoided.
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The text of the law (unofficial translation)
The tenant (leier) may claim compensation for loss resulting from delay or defect. However, this does not apply to the extent that the landlord proves that the delay or defect is due to an impediment beyond the landlord's control which the landlord could not reasonably be expected to have taken into account at the time the agreement was made, or to have avoided or overcome the consequences of.
If the delay or defect is due to a third party whom the landlord has engaged to perform the tenancy agreement (leieavtale) in whole or in part, the landlord is free from liability only if the third party would also be exempt under the rule in the first paragraph.
The exemption from liability applies for as long as the impediment persists. If the impediment ceases, liability may be invoked if the landlord is then obliged to perform but does not do so.
The rules in the first to third paragraphs do not cover such indirect loss (indirekte tap) as mentioned in § 2-14 second paragraph.
The tenant may in all cases claim compensation if a. the delay, the defect or the loss is due to error or negligence on the part of the landlord, or b. the rented premises (husrom) already at the time the agreement was made deviated from what the landlord had assured.
What does this mean?
A rent reduction (leieavslag) gives you lower rent (husleie). Compensation covers your actual loss: costs you had as a direct result of the landlord's breach of the tenancy agreement (mislighold).
What can you claim compensation for?
- Hotel costs because you could not move in at the agreed time
- Storage costs for your furniture while you waited
- Extra transport costs
- Expenses for temporary accommodation
The landlord's exemption — the "force majeure" exception. The landlord avoids liability for compensation if the delay or defect is caused by something he does not control, could not have foreseen, and could not avoid. Classic examples: natural disasters, sudden and unforeseen damage. But "the previous tenant would not move out" is not outside the landlord's control; that is the landlord's problem to solve.
The landlord is always liable if: The fault was caused by the landlord's own negligence, or the home had a fault the landlord guaranteed would not be there.
Examples
Tom is due to take over the flat on 1 March and has paid for two weeks in a hotel in the meantime: NOK 8,400. The landlord did not manage to get the previous tenant out in time. That is not force majeure. Tom can claim compensation for the hotel costs.
An unforeseen water leak from the neighbour ruined the flat the day before Ingrid was due to take over, and the landlord did not manage to fix it in time. If this really is something the landlord could not have foreseen or avoided, he may avoid paying compensation, but he is still obliged to inform her promptly and help Ingrid find alternative accommodation.
Common mistakes
- Forgetting to document the expenses. Keep all receipts and photos; you cannot claim compensation for a loss you cannot document.
- Thinking that compensation and a rent reduction are the same thing. They are two separate claims. You can have both at the same time.
What should you do?
If you experience delay or defects: Document everything. Keep receipts for extra expenses. Send a written claim for compensation to the landlord and explain the reasons. If you cannot reach an agreement, the Rent Disputes Tribunal (Husleietvistutvalget) handles such cases.
- § 2-11Rent reduction
- § 2-12Termination with immediate effect (heving)
- § 2-14What compensation can and cannot cover
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