§ 5-5. You must report damage

If you discover damage in the home (bolig) that must be repaired straight away — for example a water leak — you must notify the landlord (utleier) immediately. Other damage you report within a reasonable time. If you wait too long, you may become liable for damage you could have prevented.

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)

If the tenant (leier) discovers damage to the rented premises (husrommet) that must be repaired without delay, the tenant must immediately send notice of it to the landlord. Other damage to the rented premises that is discovered, the tenant must give notice of within a reasonable time.

The tenant must do what can reasonably be required to avert financial loss for the landlord as a result of damage as mentioned in the first paragraph, first sentence. If the tenant is not liable for the damage, the tenant may claim compensation for their justifiable expenses for the measure and reasonable remuneration for work carried out.

Source: Lovdata — Husleieloven (the Tenancy Act) § 5-5

What does this mean?

As a tenant you have a duty to report. This means you cannot see damage, let it slide, and say that "it was the landlord's problem". If you do not give notice, you may become liable for damage that occurred because you waited.

Two types of damage — two deadlines:

Urgent damage — damage that must be repaired immediately. A burst water pipe, the roof leaking, a smell of gas, serious damp damage. Here you must notify immediately — call or send a message within the hour.

Other damage — damage that is not as urgent. A hole in the wall, a broken window pane, a faulty lock. Here you have a little more time, but you must notify within a reasonable time — do not let weeks or months go by.

Duty to limit the damage:

With urgent damage, you must also do what can reasonably be required to prevent the damage from getting worse. If a pipe bursts, you are not responsible for repairing it — but you must turn off the water and mop up, if you can. If you do not, and the damage spreads to the neighbouring flat, you may become liable for the extra loss.

Your reward: If you spend your own money and time limiting the damage, and you are not liable for the damage, you can claim compensation (erstatning) for the expenses from the landlord. That is fair.

Examples

Eva discovers that the roof is starting to leak water one rainy night. She puts out buckets and sends a message to the landlord at 23:00 — including a photo. The next day the landlord comes and fixes it. Eva has done everything right. Had she waited until the following week, and the water had spread down to the neighbour below, she could have been held partly liable.

Tom discovers that the kitchen worktop has started to rot because the water under the sink has been leaking slowly for weeks. He does not mention it. After two months the rot has spread to the floor underneath. The landlord claims compensation for the extra damage that occurred because Tom did not notify in time. Tom may have breached his duty to report.

Common mistakes

  1. Waiting to notify because it "doesn't look that bad". Small leaks can become major damage. Report early.
  2. Thinking the duty to report only applies to damage you caused yourself. No — it applies to all damage you discover, regardless of cause.
  3. Notifying verbally and forgetting to document it. Always send notice in writing — email or text message with a photo — so that you can document that you notified and when.

What should you do?

If you discover damage: Take a photo with a timestamp and send it to the landlord immediately. Briefly describe what you see. If it is urgent, call as well. If it is not urgent, send written notice within a few days. Keep all communication.

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