Tidsbestemt leiekontrakt oppsigelse

[shincarter]

Hei. 

 

I am an international student so I don't Norwegian but I need help in my terminating rent contract with my landlord because I don't know much about the law here and the contract is not in English.

 

Here is some lines in my rental contract:

 

"3. Leiekontraktens varighet

Leieforholdet er tids-bestemt og løper fra ______oktober 2017 til 31. juni 2020.

NB! Tilpasset studietiden til leietakerne, derfor litt under tre års tidsbestemmelse."

 

And in this contract does not mention about how to terminate the lease and also does not say that I can't terminate the lease. I found on some websites said that if the landlord did not provide enough information that I can or can't terminate the contract, it means that I can terminate that. Is it correct?

 

Please help me about this. I want to change to another house because the landlord is not good. He came inside my apartment without notice first and some other things. 

 

Thanks for your help

[Dragen]

Your contract clearly states it's timelocked, so you can't terminate it that way.

 

You can, in these #metoo times, maybe blackmail him into breaking the lease early in exchange for not reporting him for entering your domecile without permission.

[shincarter]

Your contract clearly states it's timelocked, so you can't terminate it that way.

 

You can, in these #metoo times, maybe blackmail him into breaking the lease early in exchange for not reporting him for entering your domecile without permission.

I found in this website says that "A timely agreement can also be terminated by the tenant if the landlord has not provided information that this is not possible. The landlord may also have specified in the lease agreement that it can not be terminated, and then as a renter must be relied upon." The original of this is in Norwegian and translate it. Is it trustful and can I use it for terminate the contract? 

 

This is the website link for orginal version of quote: https://www.husleie.no/ressurser/artikler/11-utleier/4-oppsigelse-av-leieforhold

[Ståle Nordlie]

Ignore Dragen's answer.

There is an English translation of the Norwegian Tenancy Act here: https://www.regjeringen.no/en/dokumenter/the-tenancy-act/id270390/ .

Section 9-2:

Section 9-2. Tenancy agreement valid for a specified period
A tenancy agreement that is entered into for a specified period shall expire without notice at the end of the agreed tenancy period. When the dwelling is let, the landlord must notify in writing that the tenancy agreement cannot be terminated in the agreed tenancy period.

A tenancy agreement that is entered into for a specified period may be terminated in the tenancy period in accordance with the provisions in sections 9-4 to 9-8, if this has been agreed, or if the landlord has failed in his duty of disclosure pursuant to the first paragraph second sentence.

If the tenancy continues for more than three months after the expiry of the agreed tenancy period and the landlord does not in writing request the tenant to move, the tenancy agreement shall henceforth be valid for an unspecified period.

 

So yes, unless you have been notified, in writing, that the agreement cannot be terminated, you can terminate it according to the default rules in sections 9-4 to 9-8. In most cases that means that "[t]he time limit for notice of termination shall be three months from the end of the current calendar month", as per section 9-6.

 

(The reason offered for the less-than-three-years tenancy period is also highly questionable.)

 

 

 

Also, the landlord is generally not allowed to enter your apartment without your permission. In some cases the landlord has a legal right to gain access - see section 5-6 - but if you refuse to grant access he has to involve the courts. You could send him a short message where you make it clear that he may not enter the apartment without your express permission. If it happens again anyway, or if he straight out tells you he doesn't think he needs your permission, you could change the lock (or maybe demand he hand over the key).

[shincarter]

Ignore Dragen's answer.

 

There is an English translation of the Norwegian Tenancy Act here: https://www.regjeringen.no/en/dokumenter/the-tenancy-act/id270390/ .

 

Section 9-2:

Section 9-2. Tenancy agreement valid for a specified period

A tenancy agreement that is entered into for a specified period shall expire without notice at the end of the agreed tenancy period. When the dwelling is let, the landlord must notify in writing that the tenancy agreement cannot be terminated in the agreed tenancy period.

 

A tenancy agreement that is entered into for a specified period may be terminated in the tenancy period in accordance with the provisions in sections 9-4 to 9-8, if this has been agreed, or if the landlord has failed in his duty of disclosure pursuant to the first paragraph second sentence.

 

If the tenancy continues for more than three months after the expiry of the agreed tenancy period and the landlord does not in writing request the tenant to move, the tenancy agreement shall henceforth be valid for an unspecified period.

 

So yes, unless you have been notified, in writing, that the agreement cannot be terminated, you can terminate it according to the default rules in sections 9-4 to 9-8. In most cases that means that "[t]he time limit for notice of termination shall be three months from the end of the current calendar month", as per section 9-6.

 

(The reason offered for the less-than-three-years tenancy period is also highly questionable.)

 

 

 

Also, the landlord is generally not allowed to enter your apartment without your permission. In some cases the landlord has a legal right to gain access - see section 5-6 - but if you refuse to grant access he has to involve the courts. You could send him a short message where you make it clear that he may not enter the apartment without your express permission. If it happens again anyway, or if he straight out tells you he doesn't think he needs your permission, you could change the lock (or maybe demand he hand over the key).

So I can show him the the website you just give me to make him terminate the contract right? 

[Herr Brun]

Well, you can try. He might not agree, for some reason. You probably need to tell him that you hereby give notice of termination, and will move out in three months. Please note that the notice period starts on the 1st day of the calendar month following receipt of the notice. You need to give an unequivocal notice of termination before the 31st if you want the notice period to start in February. Then you move out on May 1st, and stop paying rent from that time.

 

If you have a deposit, you should check if this is in an account in your name. If not, you should withhold rent the last months to set off against the deposit amount. If not, you will probably lose your deposit upon moving out. If you have a real deposit account (which, again, should be in your name), then the landlord must sue you to get the deposit. If you do not have a real deposit account, then you must sue your landlord. The practical difference is significant.

 

If you live in or around Oslo, I strongly recommend you contact Juss Buss. They can help you in a more concrete way than a public web forum.

[Axefjord]

If the agreed rental time is less than 3 years (even by a single day), that part of the contract is invalid and the rental time is "not decided". There are some details to it, so how many months is it from you moved in to the expiration of the contract?

 

Ref: https://www.huseierne.no/hus-bolig/tema/utleie/leieforholdets-varighet/

[shincarter]

If the agreed rental time is less than 3 years (even by a single day), that part of the contract is invalid and the rental time is "not decided". There are some details to it, so how many months is it from you moved in to the expiration of the contract?

 

Ref: https://www.huseierne.no/hus-bolig/tema/utleie/leieforholdets-varighet/

No. He just sent us an email before we signed the contract then he did not give us any printed contract. We started renting on 31.10.2017

[shincarter]

Well, you can try. He might not agree, for some reason. You probably need to tell him that you hereby give notice of termination, and will move out in three months. Please note that the notice period starts on the 1st day of the calendar month following receipt of the notice. You need to give an unequivocal notice of termination before the 31st if you want the notice period to start in February. Then you move out on May 1st, and stop paying rent from that time.

 

If you have a deposit, you should check if this is in an account in your name. If not, you should withhold rent the last months to set off against the deposit amount. If not, you will probably lose your deposit upon moving out. If you have a real deposit account (which, again, should be in your name), then the landlord must sue you to get the deposit. If you do not have a real deposit account, then you must sue your landlord. The practical difference is significant.

 

If you live in or around Oslo, I strongly recommend you contact Juss Buss. They can help you in a more concrete way than a public web forum.

I live in Steinkjer, not in Oslo.

[Herr Brun]

 

Well, you can try. He might not agree, for some reason. You probably need to tell him that you hereby give notice of termination, and will move out in three months. Please note that the notice period starts on the 1st day of the calendar month following receipt of the notice. You need to give an unequivocal notice of termination before the 31st if you want the notice period to start in February. Then you move out on May 1st, and stop paying rent from that time.

 

If you have a deposit, you should check if this is in an account in your name. If not, you should withhold rent the last months to set off against the deposit amount. If not, you will probably lose your deposit upon moving out. If you have a real deposit account (which, again, should be in your name), then the landlord must sue you to get the deposit. If you do not have a real deposit account, then you must sue your landlord. The practical difference is significant.

 

If you live in or around Oslo, I strongly recommend you contact Juss Buss. They can help you in a more concrete way than a public web forum.

I live in Steinkjer, not in Oslo.

 

OK. Then you can contact the "Jushjelpa Midt-Norge" (http://jushjelpa.no/), they are a legal aid clinic and they have experience with rental matters. I'm not sure if they take cases without showing up, but you should at least contact them and ask.

[shincarter]

 

 

Well, you can try. He might not agree, for some reason. You probably need to tell him that you hereby give notice of termination, and will move out in three months. Please note that the notice period starts on the 1st day of the calendar month following receipt of the notice. You need to give an unequivocal notice of termination before the 31st if you want the notice period to start in February. Then you move out on May 1st, and stop paying rent from that time.

 

If you have a deposit, you should check if this is in an account in your name. If not, you should withhold rent the last months to set off against the deposit amount. If not, you will probably lose your deposit upon moving out. If you have a real deposit account (which, again, should be in your name), then the landlord must sue you to get the deposit. If you do not have a real deposit account, then you must sue your landlord. The practical difference is significant.

 

If you live in or around Oslo, I strongly recommend you contact Juss Buss. They can help you in a more concrete way than a public web forum.

I live in Steinkjer, not in Oslo.

 

OK. Then you can contact the "Jushjelpa Midt-Norge" (http://jushjelpa.no/), they are a legal aid clinic and they have experience with rental matters. I'm not sure if they take cases without showing up, but you should at least contact them and ask.

 

Thank you. I just need to contact for correct information that I can terminate the contract in peace. Can I do that by contact Jushjelpa Midt-Norge for only information?

[Herr Brun]

I think so, but you would have to ask them.

[Ståle Nordlie]

You don't need legal aid to terminate a rental agreement. Just send the landlord a simple letter. Something like this: 

 

Jeg sier med dette opp mitt leieforhold i [address]. Oppsigelsestiden løper ut [date - probably 30. april 2018], og boligen vil være fraflyttet innen denne dato. Ta kontakt med undertegnede slik at vi kan avtale tidspunkt for overlevering.

 

Basically, it says you're terminating the agreement, you'll move out by [the end of] 30. april 2018, and to get in touch in order to make an appointment for the handover.  

 

(From this template: https://www.forbrukerradet.no/klagebrev/bokmal/bolig/leie-bolig/leietakers-oppsigelse/ .)

 

If you're worried that he won't accept the termination you could add something like this, citing the relevant sections and paragraphs of The Tenancy Act ("husleieloven"): 

 

Jeg minner om at det ikke er skriftlig opplyst om at leieavtalen ikke kan sies opp, jf. husleieloven § 9-2 (1), og at avtalen derfor kan sies opp, jf. husleieloven § 9-2 (2). Oppsigelsestiden er tre måneder til opphør ved utløpet av en kalendermåned, jf. husleieloven § 9-6 (1). 

[krikkert]

Then you move out on May 1st, and stop paying rent from that time.

You mean April 30th.

[shincarter]

 

You don't need legal aid to terminate a rental agreement. Just send the landlord a simple letter. Something like this: 

 

Jeg sier med dette opp mitt leieforhold i [address]. Oppsigelsestiden løper ut [date - probably 30. april 2018], og boligen vil være fraflyttet innen denne dato. Ta kontakt med undertegnede slik at vi kan avtale tidspunkt for overlevering.

 

Basically, it says you're terminating the agreement, you'll move out by [the end of] 30. april 2018, and to get in touch in order to make an appointment for the handover.  

 

(From this template: https://www.forbrukerradet.no/klagebrev/bokmal/bolig/leie-bolig/leietakers-oppsigelse/ .)

 

If you're worried that he won't accept the termination you could add something like this, citing the relevant sections and paragraphs of The Tenancy Act ("husleieloven"): 

 

Jeg minner om at det ikke er skriftlig opplyst om at leieavtalen ikke kan sies opp, jf. husleieloven § 9-2 (1), og at avtalen derfor kan sies opp, jf. husleieloven § 9-2 (2). Oppsigelsestiden er tre måneder til opphør ved utløpet av en kalendermåned, jf. husleieloven § 9-6 (1). 

 

Thank you so much for helping me. So I will do ask you said. Hope everything will go smoothly and end in peace.