§ 2-2. What condition should the home be in when you move in?
The home (bolig) must be tidied, cleaned and in normal good condition when you move in — unless you have agreed otherwise. If it is not, you can demand that the landlord (utleier) puts it right, or that you get reduced rent (husleie).
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)
At the handover (overlevering), the rented premises (husrom) shall comply with the requirements that follow from the tenancy agreement (leieavtale). Unless otherwise agreed, the rented premises with accessories shall at the handover be tidied, cleaned and in normal good condition.
Unless otherwise agreed, the rented premises furthermore have a defect (mangel) if they do not a. suit the purposes for which corresponding rented premises are normally used, or b. suit the particular purposes for which the tenant (leier) was to use the rented premises under the agreement, unless the circumstances show that the tenant in that respect did not rely on the landlord's expertise or assessment or had no reasonable grounds for doing so.
What does this mean?
When you take over a home, you are entitled to have it in normal good condition. This means:
- Cleared of the previous tenant's belongings
- Cleaned — floors, bathroom, kitchen, windows
- Working doors, locks, windows, pipes and electrical points
- No major damage to walls, floors or ceilings
What is a defect? A defect is something that means the home does not meet the standard it should. There are two types:
The first is that the home does not suit what rented premises are normally used for. A flat that cannot be lived in — because the roof leaks, there is damp everywhere, or there is illegal building work — has a defect.
The second is that the home does not suit what you specifically agreed. If you rented the flat to run a hair salon from home, and the landlord knew this, but the flat cannot be used for that — it is a defect.
Can you agree on a poorer condition? Yes, in principle — but only for commercial premises (lokale), not for homes. The Tenancy Act cannot be departed from to the disadvantage of residential tenants. "Rented as is" clauses are not enough to release the landlord from basic requirements. See § 2-5.
Examples
Lars takes over a bedsit. The previous tenant has left furniture and rubbish behind. The kitchen has not been washed. The bathroom has mould stains. This is clearly in breach of § 2-2. Lars photographs everything and sends a written complaint about a defect (reklamasjon) to the landlord the same day. He demands that the landlord clears and cleans at the landlord's own expense — or that he gets a rent reduction (leieavslag).
Kari rents a flat to run a yoga studio from the living room. The landlord knew about this. At the handover, it turns out that the floor cannot withstand the load and that the acoustics make it impossible. The flat does not suit the particular purpose Kari and the landlord agreed on — it is a defect.
Common mistakes
- Accepting the home without documenting its condition. This is the most common and most expensive mistake tenants make. If you accept it without complaining, it is harder to claim anything afterwards.
- Thinking that "normal good condition" means a low standard. It does not. It means normal good condition — not newly renovated, but not run-down either.
- Waiting too long to complain. See § 2-8 — you lose the right to complain if you wait too long.
What should you do?
On the day you take over: Take systematic photos of every room. Fill in a move-in form and send it to the landlord in writing (email is enough). Note everything that is wrong — even small things. If you are unsure whether something is a defect, mention it anyway. It is easier to withdraw a claim than to add a new one six months later.
- § 2-1Time of handover
- § 2-5Rented premises rented "as is"
- § 2-8Deadline for complaints about defects
- § 2-3Incorrect information