§ 8-1. You cannot transfer the tenancy agreement without consent

You cannot hand over your tenancy agreement (leieavtale) — with its rights and obligations — to anyone else unless the landlord (utleier) has said yes. This applies when a business is sold, when a relationship ends, and in most other situations. But the law gives rights in some special cases.

The Tenancy Act (husleieloven)·LOV-1999-03-26-17

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The text of the law (unofficial translation)

The tenant is not entitled to transfer their rights or obligations under the tenancy agreement to others without the consent of the landlord, unless otherwise follows from agreement or statutory provision.

Source: Lovdata — Husleieloven (the Tenancy Act) § 8-1

What does this mean?

A tenancy agreement is personal. It is between you and the landlord — and you cannot swap "you" in the agreement for someone else unless the landlord agrees.

Transferring the tenancy agreement — what is called "transfer of the tenancy to another person (personskifte)" — means that you step out of the agreement and someone else steps in. The new person takes over your rights and obligations in full.

This requires the landlord's consent — except where the law itself gives a right to transfer of the tenancy to another person. The most important exceptions are:

Without one of these exceptions — or the landlord's consent — you are still the tenant, no matter what you have agreed with a third party.

Example

Petter wants to move and would like his friend to take over his tenancy agreement. They agree between themselves. But the landlord has not said yes. The agreement between Petter and his friend is not binding on the landlord — the friend is not the tenant. Petter is still responsible.

What should you do?

If you want someone to take over your tenancy agreement: Apply to the landlord in writing. Check whether there is a statutory exception that gives you the right without consent. Contact the Rent Disputes Tribunal (Husleietvistutvalget) if you are unsure.

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