§ 9-5. When can the landlord give you notice?
The landlord (utleier) cannot give you notice of termination (oppsigelse) without a valid reason. For homes (bolig) there are four lawful reasons: he is going to live there himself, the building is going to be demolished or rebuilt, you have committed a breach of the tenancy agreement (mislighold), or there is another legitimate reason (saklig grunn). Anything else is an invalid notice of termination.
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The text of the law (unofficial translation)
Unless otherwise agreed or otherwise provided by this Act, an open-ended tenancy agreement (tidsubestemt leieavtale) may be terminated by the landlord by notice.
An open-ended tenancy agreement for a home may only be terminated by the landlord by notice if: a. the rented premises (husrom) are to be used as a home by the landlord himself or someone belonging to his household (husstand), b. demolition or rebuilding of the property means that the rented premises must be vacated, c. the tenant (leier) has committed a breach of the tenancy agreement (leieavtale), or d. there is another legitimate reason to terminate the tenancy agreement.
An open-ended tenancy agreement for a single residential room where the tenant, under the tenancy agreement, has access to another person's home may be terminated by the landlord by notice notwithstanding the provisions of the second paragraph.
What does this mean?
As a tenant of a home, you have very strong protection against notice of termination. The landlord cannot give you notice just because he wants the home back, because he got a better offer, or because he is tired of you as a tenant. He needs one of the four lawful reasons.
The four lawful reasons:
a — Own use. The landlord is going to live there himself, or someone in his household is moving in. Typical example: The landlord wants to move back into the flat he rented out while he lived somewhere else, or his son is going to have the home.
b — Demolition or rebuilding. The building is going to be demolished or rebuilt in a way that means you can no longer live there. "We're going to do a bit of renovating" is not enough — it must be work that actually requires the home to be vacated.
c — Breach. You have broken the tenancy agreement in a way that gives grounds for notice of termination. Note that material breach (vesentlig mislighold) gives a right to termination with immediate effect (heving) (§ 9-9), while a lesser degree of breach can give grounds for notice of termination under this alternative.
d — Other legitimate reason. A catch-all provision — but it is not empty. A legitimate reason must be objectively justified, possible to document, and not based on personal dislike or irrelevant considerations. A planned sale can be a legitimate reason when the home is to be sold empty. Examples may be that you have repeatedly caused problems for neighbours after warnings.
Single rooms where the landlord lives in the same home: Here the rules are a little different — the landlord can give notice more easily. See the third paragraph of the section.
Examples
Sara lives in a flat and pays on time, keeps things tidy and follows the house rules (husordensregler). The landlord sends a notice of termination because he thinks the rent is too low and wants to find a new tenant who will pay more. That is not one of the four lawful reasons. The notice of termination is invalid. Sara can object.
Lars lives in a flat. The landlord is moving back — he lived there himself for ten years and has now finished his period abroad. That is alternative a — a lawful reason. But the landlord must document this, and the notice of termination must be in writing and state the reason.
Common mistakes
- Believing that the landlord can freely give notice without a reason. He cannot — for tenants of homes, the protection against notice of termination is strong.
- Not objecting because they think it is pointless. If you have objected to an invalid notice of termination, it lapses if the landlord does not file a lawsuit (søksmål) within three months (§ 9-8).
- Accepting a verbal notice of termination. A notice of termination from the landlord is invalid if it is not in writing and does not state the reason (§ 9-7).
What should you do?
If you receive a notice of termination: Read it carefully. What is the reason given? Is it one of the four lawful reasons? Is it in writing and does it state the reason? You have one month to submit a written objection (protest) (§ 9-8). Contact the Rent Disputes Tribunal (Husleietvistutvalget) immediately — they give free guidance, and their case handling is much faster than the courts.
Frequently asked questions
Can the landlord give me notice because he doesn't like me?
What if the landlord says "I need the home myself" — but I think it's a lie?
- § 9-7Requirement for written notice of termination stating the reason
- § 9-8Your right to object within one month
- § 9-9Termination with immediate effect for material breach
- § 9-4Your right to give notice
- § 9-6Length of the notice period (oppsigelsesfrist)
- Notice of termination from the landlord: requirements, legitimate reason and the deadline for objecting
- Buying a home with a tenant: this is what you inherit from the previous landlord
- Fixed-term tenancy agreement (tidsbestemt leieavtale): everything tenants and landlords need to know
- Basement flat (sokkelbolig) in the landlord's house: rights and obligations