§ 2-9. Can you demand that the landlord actually hands over the home?
If the home is not ready at the agreed time, you can demand that the landlord actually delivers, so that you actually get to move in. You do not have to settle for compensation. But if you wait too long to demand it, you can lose this right.
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)
If the rented premises (husrom) are not placed at the tenant's (leier) disposal at the right time, the tenant may uphold the agreement and demand performance if this can be done without causing the landlord unreasonable cost or inconvenience.
The tenant loses the right to demand performance if the tenant waits unreasonably long before making the claim.
What does this mean?
You have signed a tenancy agreement (leieavtale). The move-in date is 1 August. On 1 August the home is not ready: the previous tenant has not moved out, or the landlord has not cleared it, or work is still going on.
You have two options: walk away from the agreement (termination with immediate effect (heving)) or hold on to it and demand that you actually get to move in.
This section is about the second option: the right to demand performance. It means you can say to the landlord: "I want the home. Make sure I can move in as soon as possible."
Limitations: The landlord cannot be forced to perform if it would cost him unreasonably much or cause unreasonably great inconvenience. If the home has burned down, you cannot demand that he hands over the ashes. But if the previous tenant is just staying on for a few days, performance is possible and reasonable.
Waiting too long? If you sit and wait for weeks without saying anything, you can lose the right to demand performance. Speak up in writing and quickly.
Examples
Kari is due to move in on 1 September. The previous tenant is still in the flat on 5 September, and the landlord says "it will be sorted out soon". Kari immediately sends a written message demanding to take over the home within three days. She upholds the agreement and demands performance; she does not terminate. The landlord must sort it out and give Kari the keys.
Ola waits three weeks after a delayed handover (overlevering) without saying anything to the landlord. Then he suddenly demands that the landlord carries out the handover immediately. The landlord can argue that Ola has waited unreasonably long. Ola would have been in a stronger position if he had demanded performance right away.
Common mistakes
- Waiting and hoping it will sort itself out. That weakens your right. Speak up in writing as soon as possible.
- Thinking you must choose between terminating and accepting the delay. There is a third option: demand performance and keep your rights regarding the rent (husleie) in the meantime.
What should you do?
If the home is not ready on the agreed date: send a written message to the landlord the same day. Say that you uphold the agreement and demand to take over the home within a specific and reasonable deadline. Keep the message. If you have not finished deciding what to do, at least say that you do not accept the delay; that protects you.
- § 2-1Time of handover
- § 2-11Right to a rent reduction (leieavslag) in case of delay
- § 2-12Right to terminate the tenancy agreement
- § 2-13Compensation for delay