§ 9-10. What happens to the tenancy agreement when the tenant dies?
If the tenant (leier) dies, both the landlord (utleier) and the estate of the deceased (dødsbo) can terminate the tenancy agreement (leieavtale) with the ordinary notice — three months — regardless of whether the agreement was originally entered into for a longer period. But household (husstand) members may have the right to take over the agreement under § 8-2.
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The text of the law (unofficial translation)
If the tenant dies before the tenancy (leieforhold) has ended, both the landlord and the estate of the deceased have the right to terminate the tenancy agreement with notice as mentioned in § 9-6, even if the agreement has been entered into for a longer period or with a longer notice period (oppsigelsesfrist).
If the tenant has the right to transfer the right of use, the landlord does not have the right to terminate the tenancy agreement under the first paragraph. If the estate of the deceased in this case wishes to terminate under the first paragraph, notice of termination (oppsigelse) must be given within three months from the death.
Notice of termination under the first paragraph shall be in writing. Otherwise, the provisions of §§ 9-5 to 9-9 do not apply to the notice of termination.
What does this mean?
When the tenant dies, a special situation arises. The tenancy agreement cannot just be left hanging — someone has to decide what happens next.
Both parties get an extra way out:
The landlord can give notice of termination — even if it was a long-term fixed-term contract — with the ordinary three months' notice. This is reasonable: the landlord chose to rent to this person, and the person is gone.
The estate of the deceased — that is, those who handle the deceased person's finances and belongings — can do the same.
But: Household members have priority. If someone living in the home (bolig) has the right to take over the tenancy agreement under § 8-2 — a spouse (ektefelle), child, cohabiting partner (samboer) — the landlord cannot give notice of termination. The household members have the right to take over. If the estate of the deceased wishes to give notice of termination in such a case, it must do so within three months of the death.
The notice of termination must be in writing and follow the ordinary formal requirements under § 9-7.
Examples
Petter's father was the tenant of a flat. The father dies. Petter (the son) lived there for the last two years. Petter has the right to take over the tenancy agreement under § 8-2. The landlord cannot terminate the tenancy agreement — he must deal with Petter as the new tenant.
Eva was a tenant and lived alone. She dies. No household members lived there. The landlord sends a notice of termination to the estate of the deceased with three months' notice. The estate arranges for the home to be vacated during the notice period.
What should you do?
If you lose a household member who was the tenant: Contact the landlord in writing immediately and state that you will use your right to take over under § 8-2. Act quickly — deadlines run from when the notice of termination is received.