§ 2-8. How long can you wait before complaining about a fault?

If you discover a fault in the home (bolig), you must tell the landlord (utleier) within a reasonable time — otherwise you lose the right to complain about it. "Within a reasonable time" usually means within a few weeks, depending on the fault.

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)

The tenant (leier) loses the right to claim a defect (mangel) if the landlord has not been notified that the defect is being claimed within a reasonable time after the tenant ought to have discovered it. However, this does not apply if the landlord has acted with gross negligence or contrary to honesty and good faith.

Source: Lovdata — Husleieloven (the Tenancy Act) § 2-8

What does this mean?

The rule on complaints about a defect (reklamasjon) is simple: You must speak up. And you must speak up within a reasonable time after you ought to have discovered the fault.

What is "a reasonable time"? The law does not set a fixed number of days. But as a rule of thumb:

For visible faults when you move in: Complain within a few days, preferably the same day.

For faults that appear during the tenancy: Complain within a couple of weeks after you discovered — or ought to have discovered — the problem.

For hidden faults you could not discover: The deadline runs from when you actually discovered it.

Exception: If the landlord is dishonest — has deliberately hidden the fault or acted in a grossly irresponsible way — you do not lose your right even if you wait.

A complaint about a defect does not need to be formal. An email or text message saying "I have discovered that [the problem] is there and want you to fix it" is enough. But put it in writing — and keep it.

Example

On 15 January, Lars discovers damp under the sink in the bathroom. He does nothing. On 1 April he decides to raise it with the landlord. The landlord claims that Lars has complained too late. Lars may well have lost some of his rights — depending on what counts as "a reasonable time" in this particular case. If Lars had sent an email in January, he would have been in a much stronger position.

Common mistakes

  1. Raising the defect verbally but writing nothing down. A verbal complaint is hard to prove. Always put it in writing.
  2. Waiting until just before you move out. By then it is often too late for defects you discovered long before.
  3. Thinking you have years. You do not — "within a reasonable time" is short.

What should you do?

If you discover something wrong with the home — send an email to the landlord the same day, or within a few days. Describe what the fault is, when you discovered it, and that you expect it to be fixed. Keep the email. That is all you need to do to protect yourself.

Frequently asked questions

Can I complain about something I discovered a year ago but never said anything about?
Probably not — in that case you have probably complained too late. There are exceptions if the landlord has hidden the fault or acted dishonestly, but then the burden of proof is heavy.
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