§ 2-7. When is the condition of the home assessed?
Whether the home (bolig) has a defect (mangel) is decided by how the home was when you took it over. If a problem arises later, it is not necessarily a defect — unless the fault was already there at the handover (overlevering).
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The text of the law (unofficial translation)
Whether the rented premises (husrom) have a defect shall be assessed on the basis of the conditions at the time of the handover, cf. § 2-1.
If the handover takes place later than agreed, and this is due to circumstances on the tenant's (leier) side, the assessment shall be made on the basis of the conditions at the time when the tenant could have taken over the use of the rented premises.
What does this mean?
The Tenancy Act distinguishes between two things: faults that were there when you moved in, and faults that arise later during the tenancy.
§ 2-7 is about faults that were there at the handover — in other words, defects in the legal sense. These are the landlord's (utleier) responsibility.
Faults that arise during the tenancy are dealt with under other rules — including those on maintenance (vedlikehold) (§ 5-3) and the tenant's duty to report damage (§ 5-5).
What about the second paragraph? If you yourself delayed moving in — for example, if you did not show up on the agreed date — the condition of the home is assessed as of the date you could have taken it over, not the date you actually took it over. The landlord should not lose out because you were away.
Examples
Tom takes over the flat on 1 March. The heating system works that day. In November it starts causing problems. This is not a defect under § 2-2 — it was not a fault at the handover. Whether the landlord is responsible depends on the maintenance rules.
Eva takes over a flat with a crack in the wall that was covered by a picture. When she takes down the pictures, she discovers the crack three weeks after moving in. The crack was there at the handover — it is a defect, even though she discovered it later.
What should you do?
Document the condition thoroughly on the day of handover. It is your best protection if a dispute arises about what was already wrong and what happened after you moved in.
- § 2-1Time of handover
- § 2-2Requirements for condition at handover
- § 2-8Deadline for complaints about defects (reklamasjon)