§ 2-16. What happens if someone else has rights in your home?
If it turns out that someone else has a right in your home (bolig) — for example an old right that prevents you from using it as agreed — this is a defect (mangel) just like a physical fault. You have the same rights as with other defects.
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 provisions on defects apply correspondingly if a third party's right in the rented premises (husrom) prevents the agreed use.
The tenant (leier) may always claim compensation (erstatning) for loss resulting from a legal defect (rettsmangel) that existed when the agreement was entered into, and which the tenant did not know of or ought to have known of.
If a third party claims to have a right in the rented premises that prevents the agreed use, and this is disputed, the rules in the first and second paragraphs apply correspondingly when the claim is not clearly unfounded. Termination with immediate effect (heving) can be averted if the landlord (utleier) immediately provides adequate security that the agreement will be fulfilled.
What does this mean?
A "legal defect" is not a physical fault — it is a legal obstacle. For example:
A neighbour has an old right to use part of the property, and this prevents you from using the home as agreed. A mortgagee has seized the property. A right of use is registered on the property that limits your use.
If there are obstacles like these, the same rules apply as for ordinary defects — you can demand repair of the defect (retting), a rent reduction (leieavslag), termination with immediate effect or compensation, depending on how serious it is.
Compensation is always possible if the legal defect was there when you signed and you did not know about it.
Example
Tom rents a flat with a garden. It turns out that the neighbour has a registered right to use part of the garden as a passage. Tom was never told about this. It is a legal defect — he can demand a rent reduction for the period the obstacle lasts.
What should you do?
If you discover that someone else has rights in your home that affect your use: Notify the landlord in writing immediately. Demand an explanation. Contact the Rent Disputes Tribunal (Husleietvistutvalget) if you get no further.
- § 2-2Requirements for the condition of the home
- § 2-10Right to repair of the defect
- § 2-12Termination with immediate effect
- § 2-13Compensation
- § 2-17Public restrictions