§ 8-2. Who can take over the tenancy agreement when the tenant dies?
If the tenant dies, the spouse, children and others who lived permanently in the household can take over the tenancy agreement and keep the home. They have one month to tell the landlord that they want to use this right.
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 tenant of a home dies, the following persons have the right to take over the tenancy agreement: a. a spouse who lives in the home, b. the tenant's relatives in direct descending line who shared a household with the tenant during the last six months before the death, and c. others who shared a household with the tenant at the time of the death, provided that they meet the conditions in the Act of 4 July 1991 no. 45 relating to the right to a joint home and household goods when a joint household ends § 1.
A surviving spouse has a preferential right to take over the agreement. The other entitled persons have an equal right among themselves to take over.
If the landlord gives notice of termination of the tenancy agreement after the death, those who wish to use their right under the first paragraph must send written notice of this to the landlord within one month from the day they received written notice of the termination, with information about the deadline for asserting the right and that notice of taking over must be in writing. If the entitled person sends such notice, it counts as an objection to the notice of termination under the provisions of § 9-8. The landlord is not obliged to send notice to household members as mentioned in the first paragraph letter c unless the landlord has approved them under the rules in § 7-1.
If the estate of the deceased gives notice of termination of the tenancy agreement, those who wish to use their right under the first paragraph must send notice of this to the landlord within one month from the day the landlord received the estate's notice of termination.
What does this mean?
If your spouse who was the tenant dies — or your child, your parent, or the cohabiting partner you lived with — you do not automatically lose the home. The law gives you the right to take over the tenancy agreement (leieavtale) and continue living there.
Who has the right to take over?
Three groups have the right to take over:
One: The spouse (ektefelle) who lived in the home.
Two: The tenant's children, grandchildren and others in direct descending line — provided that they lived there permanently during the last six months before the death.
Three: Other household (husstand) members — typically a cohabiting partner (samboer) — who meet the conditions in the Joint Household Act (husstandsfellesskapsloven). In short: those who have lived permanently with the tenant for at least two years, or have children together with the tenant.
A surviving spouse has a preferential right. If several people want to take over, the spouse has first right.
The deadline is one month. If the landlord (utleier) gives notice of termination (oppsigelse) of the tenancy agreement after the death, those entitled have one month from receiving written notice of the termination to say that they want to take over. This then counts as an objection (protest) to the notice of termination.
If the estate of the deceased (dødsbo) gives notice of termination of the tenancy agreement, those entitled have one month from when the landlord received that notice of termination.
Examples
Kari's husband was the tenant of the flat they lived in together. He dies suddenly. The landlord sends a notice of termination to the estate. Kari is his spouse and lives in the flat — she has the right to take over the tenancy agreement. She sends written notice to the landlord within one month and keeps the flat.
Lars lived permanently with his father for the last four years. His father was the tenant. The father dies. Lars gives notice that he is taking over the tenancy agreement within the deadline and keeps the home. He is in direct descending line and lived there for the last six months — the conditions are met.
Common mistakes
- Waiting too long to give notice. The deadline is one month — and it runs from when you received the notice of termination. Write it down straight away.
- Believing the right applies automatically without saying anything. You must actively notify the landlord in writing.
- Forgetting that cohabiting partners without children together and with less than two years together are not covered. Then the right under § 8-2 letter c does not apply.
What should you do?
If a tenant (leier) in your household dies: Contact the landlord in writing as soon as possible and state that you want to use the right to take over the tenancy agreement. Do this even if you have not yet received a notice of termination — it clarifies the situation early.
- § 8-3Rights when a relationship ends
- § 9-10The tenant's death and the right to give notice
- § 8-1Transfer of the tenancy to another person (personskifte) requires consent