§ 2-4. Information the landlord should have given you
The landlord has a duty to tell you about problems he knows about, even if you don't ask. If he keeps quiet about something you had reason to be told, and it affected your decision, that is a defect (mangel).
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)
There is a defect if the tenant has not been given information about matters concerning the rented premises that the landlord knew or must have known about, and that the tenant had reason to expect to be given. However, this applies only when it can be assumed that the omission has influenced the agreement.
What does this mean?
A landlord cannot just answer your questions honestly. He also has an independent duty to tell you about problems he knows about.
Three things must be true:
One: The landlord knew about the problem, or should have known about it.
Two: You had reasonable grounds to expect to be told about it.
Three: You would not have rented, or would have demanded a lower rent, if you had known.
Examples of things the landlord must tell you about:
- Known damp problems or water leaks
- Noise from neighbours that is known and ongoing
- Planned building sites in the neighbourhood that will cause noise during the rental period
- That pests have been found (mice, grey silverfish)
- That the home (bolig) is not approved for living in
- That the flat is soon to be sold and the tenancy (leieforhold) may end
It is not enough to say "you didn't ask". If the landlord knows something that matters to you as a tenant, he must say so.
Examples
Sara rents a flat. The landlord knows there have been repeated break-ins in the stairwell and that the lock on the front door is faulty. He does not mention it. Sara finds this out after moving in and demands that the lock be replaced at the landlord's expense, and a rent reduction (leieavslag) for the period the lock was faulty. The landlord should have told her about this.
Tom rents a flat right next to a plot where there will be construction for three years. The landlord knows about the building plans but says nothing. Tom can claim this as a defect. The information would obviously have affected whether he wanted to rent, or what he would have paid.
Common mistakes
- Thinking it is up to the tenant to ask the right questions. No, the landlord has an independent duty to inform.
- Waiting too long to make a complaint about a defect (reklamasjon) after discovering the problem. See § 2-8.
What should you do?
If, after moving in, you discover something the landlord probably knew about, tell him in writing straight away. Document that you did not know about it beforehand. If you are unsure whether the landlord knew, ask him directly and keep his answer.
- § 2-3Incorrect information from the landlord
- § 2-5Rented "as is": does that help the landlord?
- § 2-8Deadline for complaints about defects