§ 3-5. Deposit (depositum) — the rules you need to know
The landlord (utleier) can require a deposit of up to six months' rent (husleie). The money must be held in a blocked account in your name — neither you nor the landlord can take it unless you both agree, or a court has decided the matter. The landlord covers the costs of opening the account.
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)
It may be agreed that the tenant (leier), as security for rent owed, damage to the rented premises (husrom), costs of eviction (fravikelse) and for other claims arising from the tenancy agreement (leieavtale), shall deposit an amount limited to a maximum of the sum of six months' rent. It may be agreed that the deposit shall change in step with changes in the rent.
The deposited amount shall be placed in a separate account in the tenant's name with ordinary interest terms in a financial institution that has the right to offer such a service in Norway.
As long as the tenancy (leieforhold) lasts, neither party may dispose of the amount on their own. The tenant may nevertheless demand that accrued interest be paid out by the financial institution.
After the tenancy has ended, the financial institution shall, at the landlord's request and with discharging effect, pay out rent owed from the account if: a. the parties have agreed in writing that the rent is to be credited to another account in the same financial institution, b. the landlord has documented the rent owed, and c. the tenant does not document having brought a lawsuit (søksmål) within five weeks after the notice under the fifth paragraph has been sent.
If the landlord requests payment under the fourth paragraph, the financial institution shall notify the tenant of the claim and inform them that the amount will be paid to the landlord if the tenant does not, within five weeks after the notice has been sent, document having brought a lawsuit. The notice shall be sent to the tenant's stated address and to any stated electronic mail address.
Either party may demand payment of the deposited amount in accordance with the other party's written consent, a final and binding judgment (rettskraftig dom) or another decision that has the effect of a final and binding judgment. If the tenant demands payment of the deposit beyond accrued interest, the financial institution shall notify the landlord of the claim in writing and inform them that the amount will be paid to the tenant if the landlord does not, within five weeks after the notice was sent, put forward a claim under the provisions of the fourth paragraph or document having brought a lawsuit. If the financial institution does not receive such a claim or documentation within the deadline, and the tenant has not withdrawn the claim, the financial institution shall, with discharging effect, pay the amount to the tenant.
The landlord covers the costs of opening a deposit account (depositumskonto). The landlord may specify in which financial institution the deposit account is to be opened, provided this is not a significant inconvenience for the tenant. The tenant is not obliged to open a deposit account abroad.
The Ministry may by regulation make exceptions to the provisions of this section.
What does this mean?
A deposit is security for the landlord — money that is locked while you live there, and that can be used to cover unpaid rent or damage when you move out.
The maximum is six months. Is the rent NOK 10,000? Then the deposit can be at most NOK 60,000. If the landlord demands more, it is unlawful — you can demand the excess back.
The account is yours. The deposit must be held in an account in your name — not the landlord's. This means the landlord does not own the money, he only has security. The interest is yours. You can ask for it to be paid out whenever you want during the rental period.
No one can take the money alone. Neither you nor the landlord can withdraw the deposit on your own while the tenancy is ongoing. After you have moved out, strict rules apply to who gets what:
The landlord can demand payment if there is rent owed that he can document, and you do not bring a lawsuit within five weeks after the bank has notified you.
You can demand your deposit back after you have moved out. The bank notifies the landlord, and if the landlord does not put forward a claim within five weeks, you get the money back.
Who pays for the account? The landlord. It is his duty to cover the costs of opening the deposit account.
Examples
Anne pays a NOK 72,000 deposit for a flat costing NOK 10,000 a month. That is more than six months' rent (NOK 60,000). The excess NOK 12,000 was collected unlawfully. Anne can demand it back immediately.
Tom moves out after two years and believes the deposit should be returned. The landlord believes there is damage that must be covered. Tom asks the bank for payment. The bank notifies the landlord. The landlord puts forward a claim to cover damage and documents it within five weeks. The bank pays the disputed amount to the landlord — the rest goes to Tom. If they cannot agree, the matter is decided by the Rent Disputes Tribunal (Husleietvistutvalget) or a court.
Common mistakes
- Paying the deposit directly into the landlord's account. That is wrong — it must go into a blocked account in your name. If this is not done correctly, you do not have full security.
- Forgetting to claim the interest during the rental period. The interest belongs to you — you can ask the bank to pay it out at any time.
- Believing that the landlord can automatically withhold the deposit. The landlord must follow the process in the law — documentation, notice to the bank and a deadline for you to object.
What should you do?
What happens if the landlord demands a larger deposit than you think is fair? The landlord cannot demand a deposit of more than six months' rent. If you have paid too much, you can demand the excess back — with interest from the day you paid.
When you open a deposit account: Check that the account is in your name. Check that the amount does not exceed six months' rent. Keep the receipt from the bank. When you move out: Document the condition of the home (bolig) thoroughly with photos. Send a written request for repayment to the bank.