§ 5-8. Your liability to pay compensation to the landlord
If you break your obligations as a tenant (leier) and the landlord (utleier) suffers a loss, he can claim compensation (damages) (erstatning). But if your breach of the tenancy agreement (mislighold) is caused by something outside your control that you could not foresee, you are not liable.
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)
The landlord may claim compensation for loss resulting from the tenant not fulfilling their obligations under §§ 5-1 to 5-6. However, this does not apply to the extent that the tenant proves that the breach is due to an impediment outside the tenant's control which the tenant could not reasonably be expected to have taken into account at the time the agreement was made, or to have avoided or overcome the consequences of.
If the breach is due to a third party whom the tenant has engaged to perform the tenancy agreement (leieavtale) in whole or in part, the tenant is free from liability only if the third party would also be exempt under the rule in the first paragraph.
The exemption from liability applies for as long as the impediment lasts. If the impediment ceases, liability may be claimed if the tenant is then obliged to perform but does not do so.
The rules in the first paragraph do not cover such indirect loss (indirekte tap) as mentioned in § 2-14 second paragraph, provided, however, that loss resulting from damage to the rented premises (home or commercial space) (husrom) and accessories is regarded as direct loss.
The landlord may in all cases claim compensation if the breach or the loss is due to error or negligence on the part of the tenant. For the assessment of the compensation, the provisions in § 2-14 first, fourth, fifth and sixth paragraphs apply correspondingly.
What does this mean?
As a tenant you have obligations — to treat the home (bolig) with care, report damage, follow the house rules (husordensregler) and carry out the maintenance (vedlikehold) you are responsible for. If you fail, the landlord can claim compensation for the loss.
When are you liable?
If the breach is your fault — you neglected something, were careless, or ignored clear obligations — you are liable. Simple.
When are you not liable?
If the breach is due to something completely outside your control — which you could not have foreseen and could not have done anything about — you are not liable. Typical example: a sudden and unforeseen hospital admission means you cannot report damage in time. A storm destroys something without you having done anything wrong.
But note: if it is your negligence — you knew, but did not act — you are always liable. There is no "force majeure" for sloppiness.
Damage to the home itself is direct loss. For the landlord, damage to the home is always direct loss — not indirect loss, which can otherwise be limited. This means the landlord can claim full compensation for damage to the home, even if it is an indirect result of you breaching something.
Examples
Anne forgets to report a leak under the kitchen sink. The rot spreads and damages the floor and the kitchen counter. The landlord claims NOK 35,000 in compensation for repairing the damage. Anne has broken her duty to report and was negligent — she is liable for the loss.
Tom is in hospital for two weeks. In the meantime, a pipe bursts and the flat is damaged. Tom was not able to give notice — he was in intensive care. It is outside his control and he cannot be blamed. The liability for compensation falls away for that period.
Common mistakes
- Thinking that the insurance always takes care of it. Your home contents insurance covers a lot of damage you cause — but not always. Check the terms.
- Thinking that you are liable for everything that happens in the home. No — only for what is due to your negligence or breach of your obligations.
- Ignoring the duty to report and hoping it will sort itself out. It rarely does — and it makes you liable for more than necessary.
What should you do?
Take out good home contents insurance and keep it active throughout the whole rental period. Report damage immediately. Do the maintenance you are obliged to do. If something is outside your control — document it and notify the landlord as soon as you can.
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