§ 9-3. Fixed-term tenancy agreements for homes must last at least three years
A fixed-term tenancy agreement (tidsbestemt leieavtale) for a home (bolig) must, as a rule, last at least three years. The exceptions include attic flats and basement flats (sokkelbolig) where the landlord (utleier) lives in the same house. In those cases, one year is enough. If the minimum period is not met, the agreement automatically becomes an open-ended tenancy agreement (tidsubestemt leieavtale).
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The text of the law (unofficial translation)
It is not permitted to enter into a fixed-term tenancy agreement for a home for a period shorter than three years. The minimum period may nevertheless be set at one year if the agreement concerns an attic flat or basement flat in a detached house, or a home in a two-family house, and the landlord lives in the same house. The provisions in the first and second sentences do not apply if: a. the rented premises (husrom) are to be used as a home by the landlord or by someone belonging to the landlord's household (husstand), or b. the landlord has another legitimate reason (saklig grunn) for the time limit.
The landlord may only rely on the exceptions in the first paragraph letters a and b if the tenant (leier), at the latest when the agreement was entered into, was informed in writing of the reason for the time limit, and the rented premises are to be used in accordance with the stated reason when the agreed tenancy period expires. If the date on which the rented premises are to be used in accordance with the stated reason is postponed, the tenancy agreement (leieavtale) may be extended until that date if the postponement is due to an unforeseen circumstance that has arisen after the agreement was entered into.
If a fixed-term tenancy agreement for a home has been entered into in breach of the provisions of this section, the agreement shall be considered open-ended.
What does this mean?
The law wants you as a tenant of a home to have predictability. That is why it is not allowed to enter into fixed-term tenancy agreements for homes of less than three years, unless there is a legitimate reason.
The minimum period is three years. A fixed-term tenancy agreement for a home of one or two years is unlawful, unless one of the exceptions applies.
Exception 1 — basement flat and attic flat with the landlord in the same house: If you rent a basement flat in the landlord's detached house, or an attic flat where the landlord lives in the rest of the house, one year is enough.
Exception 2 — the landlord will use the home themselves: If the landlord, or someone in his household, is going to live there after the tenancy period ends, he can set a shorter period. But he must tell you in writing, at the latest when you sign the contract. If he does not, he cannot use the exception.
Exception 3 — another legitimate reason: If there is another legitimate reason for the time limit, it can be used. But again: it must be stated in writing in the contract.
The consequence of a breach: If the contract is shorter than three years without a valid exception, it is automatically open-ended. You cannot be evicted at the end of the period. The landlord must go through the ordinary notice of termination (oppsigelse) process.
Examples
Marius rents a flat for one year with a contract that says nothing about a reason for an exception. The landlord is not renting out a basement flat and does not live in the same house. The contract is shorter than three years without a valid exception, so it is automatically open-ended. Marius cannot be evicted after one year simply by pointing to the contract period.
Ingrid rents the basement flat in the landlord's detached house. The landlord lives on the floor above. The contract is for one year. This is lawful, because one year is enough for basement flats in the same house. Ingrid has a valid fixed-term contract.
Anne rents a flat on a one-year contract. The reason for the time limit is that the landlord will move in afterwards. But the landlord only mentioned this verbally. It was not stated in writing in the contract. The exception cannot be used. The contract is open-ended.
Common mistakes
- Signing a one-year contract without checking whether the exception applies. Check whether it is a basement flat, and whether the reason for the time limit is in writing.
- Believing that the landlord can set any time limit with a verbal explanation. No, the reason must be stated in writing in the contract.
- Giving up and moving out after the contract period because you think you have to. If the contract is not valid as a fixed-term contract, it is open-ended, and you can stay.
What should you do?
If you have a fixed-term tenancy agreement for a home of less than three years: Check whether there is a valid exception, and whether the reason is stated in writing in the contract. If it is not, you are probably a tenant on an open-ended agreement. Contact the Rent Disputes Tribunal (Husleietvistutvalget) if you are unsure.
Frequently asked questions
The landlord said one year, I signed for one year. Can he evict me after one year?
- § 9-2What happens when a fixed-term agreement expires
- § 9-5The landlord's right to give notice of termination
- § 9-1Fixed-term or open-ended
- § 9-4Your right to give notice of termination