§ 8-5. How a change of tenant is carried out
Once a change of tenant has been approved, the new tenant (leier) takes over from the time the approval reached you. The new tenant is only responsible for claims that fall due after this time. Older claims are your responsibility.
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 change of tenant requires approval from the landlord, the right of tenancy is transferred in relation to the landlord from the time notice of approval reaches the tenant, unless a later time is stated in the application. If the change of tenant has been approved through the landlord's failure to respond, the right of tenancy is transferred in relation to the landlord when the deadline for a reply under § 8-4 third paragraph, second sentence expires, unless a later time is stated in the application. If the change of tenant can be carried out without the landlord's approval, the right of use is transferred in relation to the landlord from the time notice of the change of tenant reached the landlord, unless a later time is stated in the notice.
For claims that fall due after the time stated in the first paragraph, only the new tenant is liable. If the transfer requires approval from the landlord, the landlord may make it a condition for approval that the new tenant assumes personal liability for claims that have fallen due in the last six months, counted from the time stated in the first paragraph. The amount of the claim must be stated.
The fact that the previous tenant has breached their obligations under the law or the agreement does not give the landlord the right to use remedies for breach against the new tenant. After an application for approval of the transfer has reached the landlord, termination with immediate effect (heving) because the tenancy agreement was breached before that time may only take place if approval of the transfer can be refused.
What does this mean?
When the landlord (utleier) agrees to the change of tenant, a specific point in time decides who is responsible for what:
From the time of approval: The new tenant is the tenant. All claims that fall due after this time are the new tenant's responsibility — rent (husleie), damage, and other obligations under the tenancy agreement (leieavtale).
Before the time of approval: Unsettled claims from the period when you were the tenant are your responsibility — not the new tenant's. The new tenant does not inherit your debt to the landlord.
As a condition for approval, the landlord can require the new tenant to assume personal liability for claims that have fallen due in the last six months. But this is a condition that must be set explicitly — it does not happen automatically.
About breach: The fact that you have previously been in breach of the tenancy agreement (mislighold) does not give the landlord the right to use remedies for breach against the new tenant. The new tenant starts with a clean slate.
Example
Eva sells her café and transfers the right of tenancy to the new owner on 1 June. The rent for May (which fell due on 1 May) has not been paid. That is Eva's debt — not the new owner's. The new owner is responsible from 1 June onwards.
What should you do?
Carry out the change of tenant properly: Make sure all rent and other obligations are settled up to the time of transfer. Document the condition of the home (bolig) or commercial premises (lokale) at handover (overlevering). That way you avoid claims afterwards.
- § 8-4Transfer of the right of tenancy to commercial premises
- § 8-6Change of ownership (eierskifte) on the landlord's side
- § 8-1Transfer of the tenancy to another person (personskifte) requires consent