§ 5-7. Your rights when something goes wrong during the tenancy
If the landlord (utleier) fails to meet their obligations while you live there — maintenance (vedlikehold), access, peace and order — you have the same rights as for a defect (mangel) when you move in. You can demand repair of the defect (retting), a rent reduction (leieavslag) or compensation (damages) (erstatning), or, in serious cases, end the agreement with immediate effect.
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The text of the law (unofficial translation)
If the landlord does not fulfil their obligations under §§ 5-1 to 5-6 and the defect is not due to circumstances on the tenant's (leier) side, the tenant may demand repair of the defect under § 2-10, a reduction in the rent under § 2-11 second paragraph provided that the defect is not insignificant, terminate the tenancy agreement (leieavtale) under § 2-12, claim compensation under §§ 2-13 and 2-14, and withhold rent under § 2-15.
Even if the defect is due to circumstances on the tenant's side, the landlord is obliged to repair the defect under § 2-10. If the tenant is liable for financial loss resulting from the damage, cf. § 5-8, the landlord may make it a condition for repair that the tenant first compensates the loss.
The provisions in the first paragraph apply correspondingly if a third party's rights in the rented premises (home or commercial space) (husrom), or provisions in legislation or public decisions made pursuant to law, prevent the agreed use.
Regarding the main tenant's (hovedleier) liability towards the subtenant if the main tenancy agreement ceases, the provisions in § 7-7 apply.
What does this mean?
§ 5-7 is the link that makes your rights from Chapter 2 also apply during the tenancy — not just when you move in.
This means that if the landlord:
- does not keep the home (bolig) in good condition (§ 5-3)
- does not maintain peace and order in the building (§ 5-2)
- denies you access to the home (§ 5-1)
- does not respect the duty to give notice before an inspection (tilsyn) (§ 5-6)
...then you have exactly the same tools as for a defect at handover (overlevering):
Repair of the defect — demand that the landlord fixes the problem within a deadline.
Rent reduction — demand reduced rent (husleie) for the period the problem lasts, provided that it is not insignificant.
Termination with immediate effect (heving) — end the tenancy agreement immediately if the breach of the tenancy agreement (mislighold) is material.
Compensation — demand that losses you have suffered as a result of the breach be covered.
Withholding rent — keep part of the rent as security for your claim.
Exception: If the problem is caused by something you have done yourself, you cannot use these rules against the landlord. If your own neglect has caused the defect, it is the landlord's turn to make claims against you.
Examples
Kari lives in a flat where the heating system breaks down in the middle of winter. The landlord does not sort it out for three weeks despite repeated messages. Kari is entitled to a rent reduction for those three weeks, compensation for extra heating costs, and — if the situation is serious enough and continues — the right to terminate the tenancy agreement with immediate effect.
Lars's neighbour in the flats above is constantly noisy, and the landlord does nothing despite a written complaint. The landlord is responsible for peace and order in the building (§ 5-2). Lars can demand a rent reduction for the period the noise lasts — and demand that the landlord actually deals with the neighbour.
Common mistakes
- Believing that rights in case of defects only apply when you move in. No — § 5-7 links them to the entire tenancy.
- Complaining verbally and giving up. Always make your demands in writing and set specific deadlines. That is the basis for any further action.
What should you do?
If the landlord fails you during the tenancy: Send a written message, describe the problem, and set a reasonable deadline for repair. Make it clear that you reserve the right to a rent reduction and compensation. If there is no response, contact the Rent Disputes Tribunal (Husleietvistutvalget).
- § 2-10Right to repair of the defect
- § 2-11Rent reduction
- § 2-13Compensation
- § 2-15Withholding rent
- § 5-3Maintenance