§ 4-4. You can claim back unlawful rent
If you have paid too much rent (husleie) — more than is lawful under the protection against unreasonable rent (leieprisvernet) — you can claim the difference back with interest. You do not lose your tenancy agreement (leieavtale) because of this.
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)
Anyone who has paid a higher rent than is lawful may claim repayment of the difference between what has been paid and the lawful consideration, unless the payer must to a significant degree be considered jointly responsible for the violation. The rest of the agreement is binding even if repayment is claimed.
The claim under the first paragraph bears interest under the Act of 17 December 1976 No. 100 on interest on late payment etc. § 3 from the day the amount was paid.
What does this mean?
If the landlord (utleier) has charged more rent than the law allows — either because the rent is unreasonably high under § 4-1, or because a CPI adjustment was done incorrectly — you can claim back the excess.
Two important things:
One: The rest of the tenancy agreement is still valid. Claiming back unlawfully paid rent does not mean that you are terminating the tenancy agreement or that the landlord can throw you out. The claim is independent of the rest of the tenancy (leieforhold).
Two: You get interest on the money back — from the day you paid. If you have paid unlawful rent for two years, the interest runs from the first unlawful payment.
Exception: If you yourself contributed significantly to the rent being too high — for example by actively pushing for a particular arrangement — your claim may be reduced. But this is a narrow exception.
Example
Lars has paid NOK 13,000 a month for two years. The Rent Disputes Tribunal (Husleietvistutvalget) determines that the lawful rent was NOK 10,500. Lars can claim back NOK 2,500 per month for 24 months — NOK 60,000 in total — plus late-payment interest from each individual payment.
Common mistakes
- Thinking you lose the right because you paid without objecting. Paying is not the same as accepting that the amount was lawful. You can claim it back afterwards.
- Forgetting the interest. The interest runs from the date of payment — it can add up to a significant sum over time.
What should you do?
If you suspect the rent has been unlawfully high: Contact the Rent Disputes Tribunal for free guidance. They can help you calculate what you may be able to claim back, and assist you in the process.
- § 4-1Ban on unreasonable rent
- § 3-7Ban on unlawful additional payments
- § 4-3Prevailing rent (gjengs leie)