§ 7-2. You cannot sublet without the landlord's consent
You cannot rent out your home to others — neither all of it nor part of it — unless the landlord has said yes. If you do it without consent, the landlord can demand that you end the subletting, and in serious cases terminate the tenancy agreement (leieavtale) with immediate effect (heving).
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 tenant (leier) is not entitled to sublet or in any other way transfer their right of use to others without the consent of the landlord, unless otherwise follows from agreement or statutory provision.
What does this mean?
Subletting means that you let someone else use your home — for payment or not — while you are still the tenant in relation to the landlord. It could be renting out a room to a student, renting out the whole flat on Airbnb while you are on holiday, or letting your friend live there for free for a few months.
All of this counts as "transferring the right of use to others", and requires the landlord's consent.
What happens without consent?
If the landlord discovers that you are subletting without permission, he can give you a written warning and demand that you end the subletting. If you do not, he can terminate the tenancy agreement with immediate effect under § 9-9 letter c — in other words, end your contract with immediate effect.
Exceptions: The law itself gives you a right to sublet in some situations — see §§ 7-3, 7-4 and 7-5. And if you have agreed on something else in writing, that applies. But without an agreement or a legal basis: always ask first.
Airbnb and short-term rentals are subletting. It makes no difference that it is only for a few nights. If it has not been agreed and not approved, it is a breach of the tenancy agreement.
Examples
Tom goes on a three-week holiday and rents out his flat on Airbnb to cover the rent (husleie). He has not asked the landlord. This is subletting without consent. The landlord finds out and gives Tom a written warning. If Tom continues, the landlord can terminate the contract with immediate effect.
Eva wants to let her sister live in the flat for free while she is on exchange for six months. No payment is involved, but Eva is still transferring the right of use. This requires the landlord's consent — but Eva can use § 7-4 on temporary absence and ask for approval on that basis.
Common mistakes
- Thinking that Airbnb "doesn't count" because it is only short-term rental. It does count. Any transfer of the right of use is subletting.
- Letting someone live there for free and thinking it is not subletting. Payment is not decisive — what counts is the transfer of the right of use.
- Forgetting to apply in writing. Verbal approval is difficult to prove.
What should you do?
If you want to let someone live in your home, whether paid or free: Apply to the landlord in writing. Describe who it is, for how long, and on what terms. Keep the reply. If the answer is no, check whether you still have a right under §§ 7-3 to 7-5.
- § 7-3Subletting part of the home
- § 7-4Subletting during temporary absence
- § 7-6Approval through passivity
- § 9-9Termination with immediate effect for material breach (vesentlig mislighold)
- § 7-1Taking people into the household (husstand)