Mould and dampness
Mould is one of the most common property damages. It is often multiple causes for mould to occur. Often the mould is due to a combination of circumstances with ...
When can the tenant terminate the contract with immediate effect?
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Extraordinary termination
Termination with immediate effect is an extraordinary way to end the tenancy. For the tenant to have a right to terminate the contract with immediate effect, the landlord must have committed considerable or serious breaches of contract.
Termination with immediate effect is the most serious reaction to breaches of contract, so there is a very high threshold to terminate the tenancy without giving notice.
If the tenant terminates the contract with immediate effect, without having the right to do so, the tenant may be responsible for paying rent to the landlord after moving out. It may also make the tenant liable for financial damages to the landlord. Often the safest option is to end the tenancy by giving your notice.
Read more about giving noticeTo have a right to terminate with immediate effect, there must be a serious breach of contract from the landlord.
In this assessment it is of significance how serious the breach is and if there are other reactions that could remedy the situation, for example repairs, rent reduction or compensation.
Whether the tenant has a right to terminate with immediate effect must be assessed in each individual case.
Examples of situations where the tenant may have a right to terminate the contract with immediate effect:
- Serious damage and defects to the residence, for example the residence is not being approved for housing.
- The landlord not making the residence available with keys from the beginning of the tenancy.
- Faults and defects that the landlord does not take the appropriate action to repair, which concern aspects that the tenant communicated to the landlord was of importance, before the tenancy agreement was made.
The tenant should secure evidence
Unfortunately the lack of written evidence can create challenges if the parties do not agree. Without written evidence it can be hard to win in a case for the Rent Disputes Tribunal.
It may be wise for the tenant to have some legal counselling before she chooses to terminate the contract without a notice period.
Do you need legal advice? The Tenancy Act section 2-12 (Norwegian) The Tenancy Act section 2-10 (Norwegian) The Tenancy Act section 5-7 (Norwegian)