§ 7-7. What happens to your subtenant if you lose your tenancy agreement?
If the landlord (utleier) gives notice of termination (oppsigelse) of your tenancy agreement (leieavtale) while you have a subtenant (framleier), the subtenant has an independent right to object (protest) to the notice of termination. You must object on the subtenant's behalf — or notify them at least 15 days before the deadline expires so that they can do it themselves.
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 landlord gives notice of termination of the main tenancy agreement, the main tenant (hovedleier) has a duty towards the subtenant to object under § 9-8. The main tenant nevertheless has no duty to object if the main tenant notifies the subtenant of the notice of termination no later than 15 days before the deadline for objecting under the rules in § 9-8 expires.
The subtenant has an independent right to object to the notice of termination under § 9-8, within the deadline that applies to the main tenant. If the landlord has approved the subtenant, the landlord shall at the same time send a copy of the notice of termination to the subtenant. The notice of termination shall state that the subtenant may object to the notice of termination within one month after the main tenant has received it. If the subtenant has objected within the deadline, any lawsuit (søksmål) shall also be directed against the main tenant. If the rules in the second and third sentences have not been followed, the notice of termination is invalid.
The subtenant may claim compensation (erstatning) from the main tenant for the financial loss resulting from the lapse of the main tenancy agreement. This does not apply, however, to the extent that the main tenant proves that the lapse or the loss is due to circumstances outside the main tenant's control, which the main tenant could not reasonably be expected to have taken into account when the subletting agreement was entered into, or to have avoided or overcome the consequences of. The provisions in §§ 2-13 second to fifth paragraphs and 2-14 apply correspondingly.
What does this mean?
If you are the main tenant and you have a subtenant living with you, you are the one responsible towards the subtenant — not the landlord. If you lose your tenancy agreement, the subtenant also loses their home (bolig).
Your duty as main tenant:
If you receive a notice of termination from the landlord while you have a subtenant, you must object to the notice of termination on the subtenant's behalf. This applies even if you yourself would like to move — the subtenant has rights you cannot ignore.
You are released from this duty if you notify the subtenant of the notice of termination at least 15 days before the deadline for objecting expires. The subtenant can then object themselves.
The subtenant's independent right:
Even if you do not object, the subtenant has the right to object on their own — within the same deadline that applies to you. The landlord must send a copy of the notice of termination to the subtenant if the subtenant has been approved.
Your liability for compensation:
If the subtenant loses their home because you breached your duties — for example by not objecting and not notifying them in time — the subtenant can claim compensation from you for the loss they suffered.
Examples
Tom is the main tenant and has sublet a room to Ingrid. The landlord gives notice of termination of Tom's tenancy agreement. Tom wants to move anyway and does not object. He forgets to notify Ingrid. Ingrid loses her home without having had the chance to object. Ingrid can claim compensation from Tom for the costs of having to find a new home and any other losses.
Eva is the main tenant with Lars as her subtenant. The landlord terminates the agreement. Eva notifies Lars in writing 20 days before the deadline for objecting expires. Lars objects himself directly to the landlord within the deadline. Eva has fulfilled her duty — she did not need to object herself.
Common mistakes
- Forgetting to notify the subtenant. That is your duty — not the landlord's.
- Believing that the subtenant's rights are the landlord's problem. No — you are the one responsible towards the subtenant.
- Not giving notice in time. 15 days is the minimum deadline for the notification — not the day you happen to remember.
What should you do?
If you receive a notice of termination and you have a subtenant: Notify the subtenant in writing immediately. Tell them about the notice of termination, the deadline for objecting, and that the subtenant has the right to object themselves. If you are unsure what to do, contact the Rent Disputes Tribunal (Husleietvistutvalget).
- § 9-8Objection to notice of termination
- § 5-7Defects and rights during the tenancy
- § 7-2Subletting requires consent
- § 7-4Subletting during absence