After a house owner died last autumn in Bodø, his children took over a rental property with three apartments. With the takeover of the home, there was also a tenant – whom the father has been trying to get rid of since 2021. The man moved in seven years ago, and since 2018 Nav has paid his rent, while he is followed up by the Follow-up Service in Bodø. However, the tenancy would turn out to be a nightmare, and end up in court. Graphics: Egil Ursin Rubbish, mice and broken fingers In court, neighbors and the children of the home owner explained that the tenant left large quantities of rubbish inside the apartment and in the hallway of the home, which has led to a bad smell in the home. Around the rubbish, the neighbors have also discovered faeces from both rats and mice, and claim that 29 mice have been caught in the course of one month. Illustration: Egil Ursin The tenant also allegedly broke into his neighbour’s house, and then injured him so badly that he ended up in hospital with broken fingers on both hands. In addition, the wife of the neighbor claims that he had sexually harassed her. The violent episode was reported, the tenant was sentenced and the contract was terminated. The neighboring couple have moved as a result of the events. But getting the man out of the apartment was easier said than done. Refused to move According to the district leader of the Homeowners’ National Association, Hege Hafnor, there are strict requirements for the eviction of tenants. There must be a breach of contract for the landlord to be able to terminate a tenancy agreement. – It is basically difficult to evict a tenant. There must be grounds to prove that a tenant does not pay rent, pays irregularly, breaks house rules, makes changes to housing that have not been agreed with the landlord or sub-tenant illegally. Only if a tenant defaults can it lead to eviction, she tells news. District leader of the Landlords’ Association, Hege Hafnor, points out that the tenant must have committed a breach before a lease can be terminated. Photo: Adrian Dahl Johansen / news In this case, there is littering, mice and violence, which the homeowner points out as a breach of contract. – When the landlord terminates a tenancy agreement, the tenant has one month to contest the termination, adds Hafnor. In October 2021, the lease agreement with the tenant in Bodø was thus terminated. The court found it likely that the tenant had breached the agreement, and he was given one year to move out. He didn’t. The follow-up service in Bodø municipality has chosen not to comment on the case based on the duty of confidentiality. Went to court In connection with the estate settlement after their father, the children wanted to sell the home. The only problem was that the tenant still lived there. The tenant did not appear when the case went before the Salten district court in February. The court ordered the man to move out. Photo: Sigurd Steinum / news – The next step will be that the home owner will have to file a lawsuit, explains Hafnor. news has been in contact with the daughter. She considers the matter finished, and thus does not wish to comment on the matter further. Admittedly, they went the next step and sued the tenant. On 11 January this year, they applied for a temporary injunction requiring him to move out immediately. Temporary injunction A temporary injunction is a temporary decision taken by the court, such as for example that someone must move out of the home they are renting, until the court has made a final decision in the case. In this case, this means that the tenant must move out of the apartment until further notice, while the case is being processed. If the tenant contests the claim and the court allows him to move back again, the tenant can do so. On 3 February, the parties were to meet in the Salten and Lofoten district court for oral negotiations, where the parties meet in front of the judge in court. The tenant did not appear, and the court had not received a response from him either. The daughter turned up, and the negotiations were carried out. The court accepted the petition and ordered the tenant to move from the apartment. You should think about this when you rent out an apartment According to Hafnor, the most important thing in a tenancy is to have a standardized written agreement. – It ensures that both tenant and landlord are taken care of, and creates security for the parties. A standard tenancy agreement should always contain: Amount of rent Whether there is to be a deposit Whether there is to be additional payment for electricity and water Which rooms the tenancy includes Termination period The tenant is also obliged to keep peace and order, follow rules of order and observe common customs. – If the tenant does not follow the rules of order, the landlord can point this out. If it is not followed up, or if the tenant continues to break the rules, it can lead to default on the lease, says the district manager. – It is very rare that it goes this far According to the district manager of the Home Owners’ National Association, it is not often that they encounter such issues. – It is very rare that it goes this far. Tenants usually move out if the lease is terminated or expires. If it goes that far, the bailiff is the next instance, she explains. Graphics: Egil Ursin It is the bailiff who carries out the eviction. – Then the lock will be changed, and the tenant will not be able to access the apartment. As mentioned, it is very rare that this happens, but there are of course exceptions. The tenant thus has 14 days to complain after he has received a written notice, or get out before the bailiff comes to the door. The plaintiff has informed news that the tenant has recently moved out, and will not comment on the case beyond that. The man rented an apartment in a residential building in Bodø. He has lived there for seven years. Photo: Sondre Skjelvik
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Tenant refused to move after several breaches of lease – this is how the landlord resolved the case – news Nordland
