Damages that occur during the tenancy
Let the landlord know about damages
Damages can occur during tenancy. In some cases it is the tenant or the tenant's guests' fault, in other cases it is the neighbour. Sometimes no one is at fault for the damage.
If for example if the faucet at the kitchen breaks, this could be due to the faucet being old.
If the tenant discovers damage to the residence that needs repair right away, the tenant must notify the landlord immediately. This obligation follows from the Tenancy Act section 5-5. For other types of damages to the residence that is discovered, the tenant is obligated to notify the landlord within a reasonable time.
The tenant is obligated to do what can be required within reason to avert financial loss for the landlord, due to the damage. In the example above the tenant must notify the landlord immediately. If the landlord does not call a plumber, the tenant must do so.
If the tenant is not responsible for the damage, the tenant can claim compensation from the landlord, for reasonable expenses they had having it fixed.
The Tenancy Act section 5-5 (Norwegian) Maintenance obligations and alterations to the residenceWho is responsible for covering the cost of repair or replacement depends on whether or not tenant has been careless and broken something. Additionally, it is of significance what maintenance obligation the parties have agreed to.
The tenant's claims due to damages and defects that occur during the tenancy
If a damage occurs during the tenancy, which the tenant is not responsible for, the tenant may:
- Require that the landlord fixes the damage
- Claim reduction in rent, provided that the defect is not insignificant
- In some cases terminate the contract with immediate effect
- Claim compensation
- Withhold rent
The landlord is obligated to repair the defect
Even if the defect is due to the circumstances on the side of the tenant, the landlord is obligated to repair the defect pursuant to section 2-10. If the tenant is responsible for a financial loss due to the damage, pursuant to section 5-8, the landlord can set as a term for the repair that the tenant must cover the loss first.
The tenant's liability for damages
The landlord can claim compensation for loss due to the tenant causing damage to the residence, or due to the tenant not alerting the landlord to damage that needs immediate repairs, and it leading to extra cost for the landlord that the tenant did not alert him to the damage.
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