– On Thursday we are told that we have to go out on Tuesday. We do not have the opportunity to move for three days. We feel pressured in a very illegal and unethical way. That’s what student Kaia Emiliana Samdal (21) says to news. We meet her in the apartment at St. Hanshaugen, where she and her two roommates have lived for one month. They had barely managed to get into the apartment, before the discouraging message arrived on Thursday 29 August: “Unfortunately, we have to inform you that the block of flats where you live has been sold, and it will therefore no longer be rented out by Merkantilbygg. For that reason, we have to ask you to move out by Tuesday 03/09/2024”, says the e-mail from the landlord company Merkantilbygg AS. Merkantilbygg AS says via a lawyer that it is all due to a misunderstanding and that the residents’ leases have not been terminated. Read more of the answer further down in the case. 21-year-old Kaia was very upset by the brutal notice of eviction. Photo: Nadir Mohammad Alam / Nadir Alam – On the cry Kaia reacted immediately to the very short deadline of four days. She is not the only one: Cecilie van der Laak lives in the same block, and received the same e-mail on Thursday evening. – The last 24 hours have been very, very chaotic. I was very stressed. After all, we have a three-month notice period. I’m still in shock, really. It’s terrible, I’m in tears. I don’t have a chance to move for three days. Both Kaia and Cecilie were offered help in finding a new apartment, and free moving assistance. Cecilie Van Der Laak has felt at a loss for the past 24 hours. Photo: Nadir Alam / news Blames a misunderstanding Merkantilbygg AS calls itself “a significant player within the Norwegian real estate sector”. On their own websites, it is stated that they dispose of well over 2,000 rental units, which are mainly rented out to private individuals. They also own and operate hotels and resorts in Geilo, and Frogner House Apartments. After news has tried to get the company to speak for barely two hours, the whole thing suddenly takes a new turn: Everything is due to a big misunderstanding, and an “inexperienced adviser” is to blame, according to the company. – An inexperienced adviser has asked Merkantilbygg to send out a letter to residents asking them to move on 3 September. This is of course not in line with Merkantilbygg’s routines. The case is due to a misunderstanding and Merkantilbygg has today apologized in an inquiry to those concerned. Several residents in the block on St. Hanshaugen gathered to discuss the short notice period. Photo: Nadir Alam / news This is written by lawyer at Advokatfirmaet Hansson, Sigurd Vestrheim, on behalf of Merkantilbygg. He assures the residents that they will still be allowed to live in the apartments. – Merkantilbygg will naturally relate to the leases entered into, as the company always does. Merkantilbygg can only regret the situation that has arisen, and will naturally follow up the matter with the residents. Vestrheim explains that the subsidiary of Merkantilbygg AS has been sold, which is the company that owns the building. But the leases come with the sale. – There is nothing to indicate that this is the new owner’s fault. This is Merkantilbygg AS’s responsibility. – Can you elaborate on what you write about an inexperienced adviser? – I don’t know anything more, we are trying to find out what happened. All leases apply as before. – Incredibly, the interest organization Leieboerforeningen gets to see the email the students first received from Merkantilbygg AS on Thursday, before the company said that everything was based on a misunderstanding. Managing director Anne-Rita Andal is not gracious in her criticism: – This is not a proper dismissal. She calls the content of the email incredibly rude of a professional landlord. Andal further says that the law is “very clear” on what a dismissal should look like and which deadlines apply. – And everyone who is in the rental business knows that. General manager of the Tenant Association, Anne-Rita Andal. Photo: Leieboerforeningen This is what the legislation says Duration of tenancy – termination § 9-6. Notice period The notice period shall be three months until termination at the end of a calendar month. § 9-7. Formal requirements for the landlord’s termination Termination by the landlord must be in writing. The termination must be justified. The notice of termination must also state that the tenant can protest in writing to the landlord within one month after the notice of termination has been received. The notice of termination must also state that if the tenant does not protest within the deadline, the tenant loses his right to plead that the notice of termination is in violation of the law, cf. section 9-8 first paragraph second sentence, and that in that case the landlord can apply for a compulsory deviation according to Enforcement Act § 13-2 third paragraph letter c. A termination that does not meet the requirements in the first and second paragraphs is invalid. If the tenant has moved in accordance with the notice, it is considered to have been accepted. Section 9-8. Overriding of notice of termination The tenant may, within one month after the notice of termination has been received, protest in writing to the landlord against the notice of termination. If the tenant has not objected to the termination in accordance with the first sentence, the tenant cannot plead that the termination is contrary to the law here. If the tenant has objected in accordance with the first sentence, the notice of termination is waived if the landlord has not brought an action against the tenant within three months after the tenant’s deadline expired. The court must examine whether the dismissal is legal, and whether it should possibly be set aside. The termination must be set aside if, based on an assessment of both parties’ circumstances, the court finds that it will appear unreasonable. The court cannot, however, set the termination aside if it comes to the conclusion that the termination is due to significant default on the part of the tenant, cf. section 9-9 first paragraph second sentence. Section 9-9. The lessor’s right of termination The lessor may terminate the lease due to significant default on the part of the lessee. Source: Extract from lovdata.no Not reassured yet – We are still left with many question marks. We are still in the dark, says Cecilie. She and other residents have received the email with new information from the lawyer. Cecilie hopes that she will be allowed to live in the apartment, but she still does not feel reassured, she says. Kaia says that they would like to stay in the apartment, but that the whole thing has still created “extremely much chaos”. – I do not understand what misunderstanding this applies to. It has caused a lot of stress lately. Kaia is still confused about what actually happened. Photo: Nadir Mohammad Alam / Nadir Alam Published 30.08.2024, at 16.59
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The tenants are evicted from the apartment in Oslo with three days’ notice – Greater Oslo
