If the tenant is not paying rent, you proceed in three steps: a written reminder with a deadline, then a warning under tvangsfullbyrdelsesloven § 4-18 which gives a two-week deadline, and finally a petition for eviction to namsmannen. Only the enforcement authority can carry out an eviction.
If the tenant pays the outstanding rent and accrued costs before the eviction is carried out, the process stops.
The procedure is the same whichever word you use for the tenant, and it is worth following carefully from day one. The documentation you build along the way is what decides the case later.
In short:
- Get in touch in writing first, and agree a solution if one is possible.
- Send a reminder, and add the reminder fee and late-payment interest to the claim.
- Send the warning under tvangsfullbyrdelsesloven § 4-18, which gives a two-week deadline.
- If the deadline passes, submit a petition for eviction to namsmannen.
- The basis is tvangsfullbyrdelsesloven § 13-2, third paragraph, letter a.
- An eviction is carried out only by the enforcement authority, never by you.
- Submit the claim against the deposit or the guarantee within the applicable deadline.
1. Get in touch in writing, straight away
The first thing to do is also the simplest: make contact and ask what has happened.
Many missed payments are practical rather than deliberate. A salary that arrived late, a changed account number, a period of illness. An agreement on when and how the amount will be paid resolves most of these before they become cases.
Do it in writing, by email or in your administration system. That gives you both a dialogue and documentation, and it costs nothing.
If you agree a payment plan, write it down with amounts and dates, and have both parties confirm it.
2. Reminder, fee and late-payment interest
If payment still does not arrive, send a written reminder with a new deadline.
You can charge a reminder fee for a reminder sent at the earliest 14 days after the due date, and you can claim late-payment interest on the outstanding amount.
Keep the claim clean from the start: which month it covers, the amount, the due date, and what has been added. A clearly documented claim is far easier to have upheld later.
3. The § 4-18 warning: a two-week deadline
This is the formal step, and it is where the process starts to count.
The warning is sent to the tenant in writing and gives a two-week deadline. The police’s own form puts it this way: the tenant is given a deadline of 14 days to pay.
The warning has to tell the tenant:
- What amount is owed, and for what period
- That you will petition for eviction if the claim is not settled within the deadline
- That the eviction can be avoided if the outstanding rent, interest and costs are paid before it is carried out
That last point matters, and it is worth phrasing it warmly. Your goal is usually to get paid, not to get the tenant out.
The police publish ready-made warning forms for this, and Huseierne has a digital version.
4. Petition for eviction to namsmannen
If the deadline passes without the claim being settled, you submit a petition for eviction to namsmannen.
The petition has to contain details of the parties, the basis for the claim, and documentation that the warning was sent. The basis for a petition over unpaid rent is tvangsfullbyrdelsesloven § 13-2, third paragraph, letter a.
Namsmannen processes the case and carries out the eviction if the conditions are met. Processing time varies between districts.
5. What only namsmannen can do
An eviction is carried out by the enforcement authority, and only by it.
As a landlord you cannot change the locks, remove belongings, cut off electricity or water, or otherwise force the tenant out yourself. That holds even when the tenant clearly owes you money.
Taking matters into your own hands can turn a case you would have won into one you lose, and it can have consequences for you. Let namsmannen do the job.
6. Submit the claim against the deposit or the guarantee
Alongside the process above, submit the claim against the security provided for the tenancy.
If the security is a cash deposit in a blocked account, follow the bank’s process for release. If the parties disagree, the case is settled through the applicable process, and Husleietvistutvalget handles such disputes.
If the security is a guarantee, submit the claim to the provider within the deadline stated in the guarantee document. Read the document before you submit, and check what documentation is required.
If the provider pays the claim, the provider then directs it at the tenant. The tenant therefore keeps responsibility for the amount.
7. Husleietvistutvalget
If you disagree about the amount, the settlement or what can be deducted, both you and the tenant can bring the case to Husleietvistutvalget, the public body for tenancy disputes.
Keep all documentation from day one: the tenancy agreement, the handover protocol, the reminders, the warning, and all written dialogue. That is what the board bases its decision on.
How to reduce the risk next time
Once the case is behind you, it is worth looking at what could be done differently in the next tenancy.
- Assess the tenant’s ability to pay before signing, with a legitimate basis and in line with data protection rules.
- Agree the security before move-in, and write the amount and the form clearly into the tenancy agreement.
- Use a standardised tenancy agreement and digital signing.
- Set up automatic rent collection and reminders, so a missed payment is caught immediately.
- Document the handover with photographs and a protocol.
- Keep all dialogue in writing and in one place.
With Keyhole you can bring the contract, the credit assessment and the security into one place, and see what security each tenant has provided.
Frequently asked questions
How long do I have to wait before sending the warning?
The warning can be sent once the payment is in default. Many landlords wait until a reminder deadline has passed, so that dialogue has been tried first. Either way the warning gives a two-week deadline from when it is sent.
Can I evict the tenant myself if they have stopped paying?
No. Only the enforcement authority can carry out an eviction.
What happens if the tenant pays after I have submitted the petition?
If the outstanding rent and accrued costs are paid before the eviction is carried out, the eviction can be avoided.
Can I claim interest and fees?
You can charge a reminder fee for a reminder sent at the earliest 14 days after the due date, and late-payment interest on the outstanding amount.
Does the deposit or guarantee cover unpaid rent?
Unpaid rent is a typical claim that can be covered, up to the agreed amount. What a guarantee actually covers is set out in the guarantee document.
What if the tenant refuses to move out after the tenancy has ended?
The same procedure applies: a § 4-18 warning with a two-week deadline, then a petition for eviction to namsmannen.
Does petitioning for eviction cost anything?
Yes, fees and costs arise during the process. Namsmannen states the current rates.
Next steps
Are you a landlord?
Book a free, no-obligation call with Emma to see how you can bring the contract, the credit assessment and the security into one place before the next tenancy starts.
Are you a tenant who has fallen behind on rent?
Contact your landlord in writing as early as you can, and ask about a payment plan. NAV can also advise on financial social assistance.
Sources
- Politiet: Warning of unpaid rent, tvangsfullbyrdelsesloven § 4-18
- Enforcement Act § 4-18
- Enforcement Act § 13-2, third paragraph, letter a
- Huseierne: Eviction
- Husleietvistutvalget: Deposit and guarantee
- Leieboerforeningen: The tenant’s obligation to pay
- Keyhole Guarantee
