§ 3-8. How to set disputed rent aside
If you disagree with your landlord (utleier) about the rent (husleie), or you want to use set-off (motregning) to deduct a claim of your own, you can pay the disputed amount into a blocked bank account (deponering). The landlord then cannot give notice to end the tenancy agreement (leieavtale) or terminate it with immediate effect because you do not pay what he says you owe.
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 parties disagree about what rent is to be paid, the agreement cannot be terminated by notice or terminated with immediate effect because of non-payment of rent if the tenant deposits the disputed part of the rent in accordance with the second paragraph. The same applies if the tenant wishes to set off claims arising from the tenancy agreement and the landlord does not accept the set-off. The tenant shall notify the landlord of the reasons for the deposit and give the landlord a fourteen-day deadline to cooperate in making the deposit. The deadline runs from when the notice is sent.
A deposit under the first paragraph is made by paying the amount into an account with a financial institution that is entitled to offer such a service in Norway. The amount, including interest, shall be available only to the tenant and the landlord jointly. The financial institution may nevertheless pay out the amount in accordance with a final and binding judgment (rettskraftig dom) or another decision that has the effect of a final and binding judgment.
If the landlord's failure to cooperate is the only reason a deposit under the second paragraph cannot be made, the agreement cannot be terminated by notice or terminated with immediate effect because of non-payment of rent if the tenant pays the amount into an account of the tenant's own, kept separate from the tenant's other funds. If the landlord later wishes to cooperate in a deposit under the second paragraph, the tenant must within a reasonable time transfer the amount to an account as mentioned in the second paragraph.
What does this mean?
Paying disputed rent into a blocked account is the tenant's (leier) safety net in a dispute about rent. Instead of either paying in full against your will, or not paying and risking notice of termination (oppsigelse), you put the disputed amount into a blocked account where neither of you can touch it alone.
How to do it:
One: Notify the landlord in writing of what you disagree with and why. Give the landlord a 14-day deadline to cooperate in making the deposit.
Two: Pay the amount into a bank account where both parties must consent before money can be withdrawn. The bank is neutral between you.
Three: The amount stays locked until you agree, or until the Rent Disputes Tribunal (Husleietvistutvalget) or a court has decided the dispute.
The result: The landlord cannot give notice or terminate the tenancy agreement with immediate effect because you do not pay the disputed amount, as long as you have deposited it according to the rules. You are protected.
Set-off. If you have a claim against the landlord, for example a claim for a rent reduction (leieavslag), you can deduct it from the rent and deposit the difference. The landlord cannot give notice because you deduct a justified claim.
Example
The landlord demands NOK 12,500 a month. Sara believes the agreement says NOK 11,000. She notifies the landlord in writing and puts NOK 1,500 per month into a blocked deposit account (depositumskonto) while the dispute is ongoing. She pays the NOK 11,000 as normal. The landlord cannot give Sara notice for non-payment, because she has deposited the disputed amount correctly.
Common mistakes
- Stopping paying the whole rent without making a deposit. That is a breach of the tenancy agreement (mislighold) and can give the landlord grounds for termination with immediate effect (heving). Deposit the money, do not just hold it back.
- Forgetting to notify the landlord in writing 14 days in advance. This is a requirement for the deposit to have its protective effect.
What should you do?
If you are in a dispute with your landlord about the amount of rent: Pay the part you agree with as normal. Notify the landlord in writing of the dispute and give a 14-day deadline. Then deposit the disputed amount into the correct account. Contact the Rent Disputes Tribunal for help resolving the dispute.