§ 9-2. What happens when a fixed-term tenancy agreement expires?
A fixed-term tenancy agreement (tidsbestemt leieavtale) ends without notice of termination (oppsigelse) on its end date. If you live there for more than three months after it expires without the landlord (utleier) asking you in writing to move out, the tenancy (leieforhold) has automatically become open-ended (tidsubestemt leieavtale).
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The text of the law (unofficial translation)
A tenancy agreement (leieavtale) that has been entered into for a fixed term ends without notice of termination at the end of the agreed rental period. When letting a home (bolig), the landlord must state in writing that the tenancy agreement cannot be terminated by notice during the agreed rental period.
A fixed-term tenancy agreement can be terminated by notice during the rental period in accordance with the provisions in §§ 9-4 to 9-8, if this has been agreed, or if the landlord has failed to fulfil the duty to inform under the first paragraph, second sentence.
If the tenancy continues for more than three months after the end of the agreed rental period without the landlord having asked the tenant (leier) in writing to move out, the tenancy agreement has become open-ended.
What does this mean?
A fixed-term tenancy agreement ends by itself — it requires no notice of termination. The date arrives, and the tenancy agreement is over. In that sense it is simple.
But there are two important exceptions:
One — the duty to inform. The landlord must inform you in writing that you cannot give notice during the rental period. If he has not done so, you can give notice as if it were an open-ended agreement — with the normal rules on notice of termination.
Two — the three-month rule. If you live there for more than three months after the end date without the landlord asking you in writing to move out, the tenancy has automatically become open-ended. This means the landlord cannot throw you out just because the end date has passed — he must go through the whole notice of termination process.
The three-month rule is a strong protection: Many landlords forget to follow up when the contract expires. If you are unsure what applies — read your contract and note the end date. Has it passed and nothing has been said? You may have become a tenant on an open-ended agreement.
Examples
Eva has a contract until 30 June. On 1 July she is still living there, and the landlord says nothing in writing. On 1 October — three months later — the tenancy agreement has automatically become open-ended. The landlord cannot throw her out the next day by referring to the old end date.
Petter's contract runs until 1 December. The landlord sends a written request to move out on 15 November. Petter stays there anyway until the middle of December. The tenancy has not become open-ended — the landlord acted within the deadline. Petter can be held liable for rent (husleie) for the period he stayed too long.
Common mistakes
- Thinking you can simply stay on after the end date. You can — but the landlord can tell you to leave. The three-month rule is a deadline, not a guarantee (garanti).
- Thinking the landlord can throw you out the day after the end date. He cannot do that just like that — but he can tell you in writing.
- Forgetting to check whether the duty to inform was fulfilled. Did the contract say that you cannot give notice? If you don't remember — check the contract now.
What should you do?
Is the end date approaching? Decide what you want. Do you want to stay? Ask the landlord whether you can enter into a new agreement. Do you want to move? Let them know in good time. If the end date has passed and no one has said anything — you are probably a tenant on an open-ended agreement, with all the rights that come with it.
- § 9-1Fixed-term or open-ended
- § 9-3Minimum term for fixed-term agreements
- § 9-5The landlord's right to give notice of termination
- § 9-6Length of the notice period