§ 2-17. Public orders that prevent you from using the home
If you cannot use the home (bolig) as you agreed because the authorities have imposed a ban, or because the home breaks laws and regulations, that is a defect (mangel). You have the same rights as for a physical fault in the home.
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 the agreed use is prevented by provisions in legislation or by a public decision made pursuant to law.
What does this mean?
Sometimes the problem is not physical — it is legal or a matter of public regulation. For example:
The home has not been approved as a dwelling by the municipality, but is rented out as a home anyway. An order from the Norwegian Labour Inspection Authority (Arbeidstilsynet) or the municipality means you cannot run your business there as you agreed. The home does not have a certificate of use (brukstillatelse).
If you are prevented from the use you agreed on because of such public rules or decisions, the rules on defects apply — you can claim a rent reduction (leieavslag), repair of the defect (retting), termination with immediate effect (heving) or compensation (erstatning), depending on the situation.
This is particularly relevant for tenants (leier) of commercial premises (lokale), but also applies to people renting a home.
Example
Eva rents commercial premises to run a home childminding business. The municipality refuses to approve the premises for this purpose because of floor space requirements. The landlord (utleier) did not know about this, but it is still a defect — the agreed use is prevented by public regulations. Eva can claim a rent reduction or terminate the agreement with immediate effect.
What should you do?
If you discover that the home or commercial premises do not meet public requirements for the use you agreed on: Notify the landlord in writing and ask for clarification. If you get no answer, contact the Rent Disputes Tribunal (Husleietvistutvalget).
- § 2-2Requirements for the condition of the home
- § 2-10Right to repair of the defect
- § 2-12Termination with immediate effect
- § 2-13Compensation
- § 2-16Legal defect (rettsmangel)
- Is the basement flat (sokkelbolig) I rent legal when it is not approved as a separate dwelling?
- The landlord was not allowed to rent out the home: am I entitled to compensation?
- Legal defect in a tenancy (leieforhold): when someone else has rights to the home you rent
- The landlord has banned use of the fireplace: can he do that?