§ 2-6. What can you no longer complain about if you inspected the home?
If you knew about a fault when you signed, or should have seen it at the viewing, you cannot complain about it afterwards. But this does not apply to faults the landlord hid or deliberately failed to tell you about.
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)
Anything the tenant knew or must have known about when the agreement was entered into cannot be claimed as a defect.
If the tenant, before the agreement was entered into, inspected the rented premises or, without reasonable cause, failed to comply with the landlord's request to inspect them, the tenant cannot claim as a defect anything that should have been discovered during the inspection. However, this does not apply if the landlord has acted with gross negligence or contrary to honesty and good faith.
The provisions in the first and second paragraphs do not in any way limit § 2-4 on missing information about the rented premises.
What does this mean?
Were you at a viewing and saw that the paint was peeling? Then you cannot complain about the paint afterwards. What you saw, or should have seen, is your responsibility to take into account.
Three situations:
One: You knew about the fault when you signed. Then it is not a defect (mangel) as far as you are concerned.
Two: You were at the viewing but did not discover the fault. Was it a fault you should have discovered by paying normal attention? Then you cannot complain either.
Three: The landlord (utleier) asked you to inspect, but you refused without good reason. Then you lose the right to complain about what you would have found.
But, and this is important: These rules do not apply if the landlord hid something, lied or acted dishonestly. If the fault is hidden behind a wall, under a carpet, or in a room you were not given access to, it is not your fault that you did not discover it. And the landlord's duty to tell you about things he knows about still applies regardless.
Examples
Petter was at the viewing and clearly saw that the kitchen cabinet doors were worn and one of the hotplates did not work. He signed anyway. Three months later he complains about the cooker. He cannot do that, because he knew about it when he signed. If he had not seen it, and it had not been visible with normal attention, the situation would have been different.
Ingrid was at the viewing and looked around. There were no visible signs of damp. After moving in, she discovers serious damp behind a cupboard that was glued to the wall. She could not have been expected to discover this, because it was hidden. If the landlord is aware of the damp, this is a defect she can claim.
Common mistakes
- Inspecting superficially and thinking that is enough. Normal attention is required, but you are not expected to tear down walls.
- Refusing to inspect because "it looks fine". If you are asked to inspect and fail to do so without reason, it weakens your claims.
What should you do?
Go through the home thoroughly at the viewing. Check windows, water, drains, electrical points, walls and ceilings. Note down everything that is visibly wrong, even if you want to rent it anyway. That way you have documented what you knew about from the start, and what came up afterwards.
- § 2-4Information the landlord must provide
- § 2-5Rented "as is"
- § 2-8Deadline for a complaint about a defect (reklamasjon) after moving in