§ 2-5. Does "as is" mean the landlord gets off the hook?

The landlord (utleier) cannot hide behind "rented as is". If he knew about faults and said nothing — or if the home is significantly worse than you had reason to expect — it is still a defect (mangel).

The Tenancy Act (husleieloven)·LOV-1999-03-26-17

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)

Even if the rented premises (husrom) are rented "as is" or with a similar general reservation, they have a defect if the landlord, or someone for whom the landlord is responsible, has neglected their duties under §§ 2-3 or 2-4. The rented premises also have a defect if they are in significantly worse condition than the tenant (leier) had reason to expect, given the size of the rent and the circumstances in general.

Source: Lovdata — Husleieloven (the Tenancy Act) § 2-5

What does this mean?

"Rented as is", "no right to complain about defects" and similar clauses are common in tenancy agreements (leieavtaler). They can matter — but they do not protect the landlord against everything.

"As is" does not help the landlord if:

He gave you incorrect information (§ 2-3), or he failed to tell you about things he knew about and you had reason to be told (§ 2-4).

"As is" also does not help if the home (bolig) is significantly worse than you had reason to expect. What can you expect? That depends on the size of the rent and the circumstances of the tenancy (leieforhold). If you pay market price for a central location, the bar is higher than for a cheap bedsit outside the centre.

The point is that "as is" can narrow what you can complain about — but it does not wipe out serious defects, and it never gives the landlord the right to lie or stay silent about known problems.

Examples

Eva rents an older flat "as is" for NOK 9,000 a month. After moving in, she discovers serious damp damage behind the kitchen that the landlord knew about. The "as is" clause does not save the landlord here — he has breached the duty to inform in § 2-4. Eva can demand repair of the defect (retting) or a rent reduction (leieavslag).

Ola rents an inexpensive bedsit for NOK 4,500 "as is". The bedsit is in worn condition, but nothing is actually broken. Ola is unhappy about the wear, but has no grounds to claim a defect — he knew what he was getting, and the standard is not significantly worse than the rent level suggests.

Common mistakes

  1. Believing that "as is" is absolute protection for the landlord. It is not — see the conditions above.
  2. Signing an "as is" contract without inspecting the home thoroughly. If you do, you lose the right to complain about what you should have discovered, see § 2-6.

What should you do?

Do you see "as is" in the contract? Inspect the home extra carefully at the viewing. Ask direct questions about known problems. Get the answers in writing. Take photos. An "as is" clause strengthens the case for a thorough inspection beforehand — but it does not remove the landlord's responsibility for hidden faults he knew about.

Related sections
All sections of the Tenancy Act →
Questions about this section
Tools for this