I am moving away from my appartement at the end of April. The landlord came to check and told me that he will take the whole deposit (6500kr) to change the floor because of the ‘damage’ on the floor next to the kitchen sink. For context, the sink is literally 5cm of the edge and water splashes when we use in the faucet and sink, like a complete normal use and it results in a 5cm area that is slightly expanded (see the picture).
The landlord still has some unused floor tiles he wants to use to fix the floor himself. My partner and I proposed our time and help to fix this but he said he doesn’t have time to change before we leave.

+ We just discovered that it is illegal in Norway for the landlord to take the deposit in his private bank account, which he did so we don’t have any hand on the deposit money, pretty mad about that too. Can this illegal move from them help us to ask for the money ?

His message said : “Hi. We suggest that the apartment will be fixed after 1 may. And the depositis used for this. I almost have to dismantle the entire kitchen and much of the livingroom to do this. I dont have time to fix this before then. It also means that we do not have the opportunity to rent out until june”.

I feel like this is completely unfair and really exaggerated for a small damage that results from a complete normal use of the sink, how could we have avoid this ? I would like to know my rights on this matter, I plan on contesting his decision but need help building my defense case. Thanks for those who red and can help me.

39 comments

  1. – Landlord wants to take the whole deposit for unfair reason, what can I do ? –

    I am moving away from my appartement at the end of April. The landlord came to check and told me that he will take the whole deposit (6500kr) to change the floor because of the ‘damage’ on the floor next to the kitchen sink. For context, the sink is literally 5cm of the edge and water splashes when we use in the faucet and sink, like a complete normal use and it results in a 5cm area that is slightly expanded (see the picture).
    The landlord still has some unused floor tiles he wants to use to fix the floor himself. My partner and I proposed our time and help to fix this but he said he doesn’t have time to change before we leave.

    + We just discovered that it is illegal in Norway for the landlord to take the deposit in his private bank account, which he did so we don’t have any hand on the deposit money, pretty mad about that too. Can this illegal move from them help us to ask for the money ?

    His message said : “Hi. We suggest that the apartment will be fixed after 1 may. And the depositis used for this. I almost have to dismantle the entire kitchen and much of the livingroom to do this. I dont have time to fix this before then. It also means that we do not have the opportunity to rent out until june”.

    I feel like this is completely unfair and really exaggerated for a small damage that results from a complete normal use of the sink, how could we have avoid this ? I would like to know my rights on this matter, I plan on contesting his decision but need help building my defense case. Thanks for those who red and can help me.

  2. On the fact alone that he used a private account for the deposit is enough reason to speak with a lawyer. A lot of lawyers give free consultations.

    Since he used a private account he was probably planning to withhold the deposit for any trivial reason he could think of.

    Not so sure about the water damage and who’s to blame. Looks like it’s assembled according to IKEA’s BOHOLMEN kitchen sink instructions (I may be wrong about the model). Let’s say you find out it’s not your fault, who’s to say he finds another reason to withhold the deposit.

    I wouldn’t focus too much on the water damage and rather focus on that he used a private account for the deposit.

  4. If you can document that the damage was already there, you’re good. If not, the damage is your problem. I believe you have the opportunity to fix it yourself before you leave.
    It is illegal to call something a deposit without using the correct joint account.
    Assuming he is making up an excuse to keep the money is fair/not unlikely, but if you have in writing that this is the only fault, you can hold him to it.
    He cannot subtract more than the real cost of fixing it, and he can’t necessarily put a price on his own work.
    However, a contractor will cost much more than 5-6 grand.
    Him not having time to do it now is his problem.
    He has a weak case against you, but he DOES have a case. As do you.

  5. First of all you argue that this would be under normal wear and tear due to it being next to the sink. Terrible kitchen design. Depending on how long the lease was its definitely to be expected.

    Now, failing this. A landlord cannot specify how you fix things and keep you from fixing it. You are allowed to attempt to fix it yourself. If he has old boards as well this is an easy fix.

    In addition to this, if you allow him to fix it in his own time he needs to document the expenses to be allowed to deduct anything from the deposit. Just saying I’m taking it all is not documenting, it’s stealing. And using old receipts from when he bought the floor is not documenting either.

    Let’s say he complains about cleaning, and cleans it himself. He has to document how long it took, and only take what was the real cost. And he cannot charge 1000 and hour to fix it either as that is not a fair wage for a cleaner in this case, since you can hire a professional for around 300.

    Rent from professional agencies, that way you will not be left with issues like this.

    Edit: also forgot that the landlord has to document the state it was when you moved in. If there are no pictures he has no case.

  6. The fact he did not use a proper deposit-account means you are entitled to your money back, plus interest.

    After you have that, you may discuss if this is “regular use” that is already covered in your rent and the landlord is responsible for, or if it is a case of you using the home wrong and causing additional, not normal wear and tear, damage to it.

    There is a good chance if this goes to forliksrådet, you’ll get your money back + interest + the landlord having to pay the fee for forliksrådet. In my experience, not having a legal deposit makes it slam and dunk – but results may wary. Get a free consult from a lawyer before you respond to the landlord.

  8. Landlord cannot take out of the deposit to cover normal wear and tear.

    I cannot say for certain if this is normal wear and tear. Maybe someone else can comment on that.

    Looks like water damage, but is it normal wear and tear?

    I believe this would count as more than normal wear and tear if it is due to negligent use.

    Landlord can also not take the amount to replace the whole floor just for damage in one small spot.

    How much can he require for a floor with one spot of damage, I don’t know

  10. These floortiles should be glued at places where there’s possibilities for water to spill, because it’ll avoid swelling like this. Not your fault.

  11. It’s not your fault that the kitchen is not designed to take some water, and the whole deposit tingy sounds really fishy. And the fact that he is going to fix it himself. Get some legal advice….

  14. Well, first off, i would write back that you want the depositum payed back to your acount at the shortest possible time due to be[in violation](https://www.huseierne.no/hus-bolig/tema/utleie/sporsmal-og-svar-om-depositum/) with the “[husleieloven part 3-5](https://lovdata.no/dokument/NL/lov/1999-03-26-17/KAPITTEL_3#%C2%A73-1)” and that you are also seeking intreset of this.[Intrest can be calculated here.](https://www.regjeringen.no/no/tema/okonomi-og-budsjett/renter/kalkulator-for-forsinkelsesrenten/id475428/) This need to be done before you leave. Landlord can then demand that you pay into a correct account in order to live out the last of your rent there, but again, you are protect from this. I would also mention that you are contacting or is in contact with an lawyer (it is up to you). BTW, you bear no cost for the starting of the acount, so the full amount plus intrest shall be payed out.

    ​

    Now, the damadge on the floor, frankly, it would call it normal wear and tear when the damage is where it is, but it could be made an argument that this was caused by not clening up watersplash. Regardless, he can not charge the full amount, he could charge the the houres used, but then he would require to actually produce evidence and so forth to be in acordance with the law (refered over). Eithere way, again, it does not mater since there is no proper/legal deposit to take money from.

    In short, write that you want the deposit back with intrest and that your are contacting a lawyer. Refer to the law. be cival and proper.

  18. Because the deposit was paid to his private account, you can demand that money back at any time. Legally, the deposit is _your_ money, and it has to be placed in a bank account in _your_ name. Additionally, you’re entitled to interest from the day you paid the deposit.

    If your landlord refuses to pay to back your deposit, you can make a complaint to Rent Disputes Tribunal (Husleietvistutvalget) [here](https://www.htu.no/en/articles/illegal-deposit-what-do-you-do) (English page).

    And even if your landlord did use a proper bank account, they can’t just use your deposit: they have to bring a claim to the bank, and you’ll get five weeks notice (and can react if you disagree to the veracity of their claim).

  19. There are so many things here to talk about holy fk.
    First of all, that floor is the cheapest garbage laminate floor that can be bought. It is not recommended in kitchens or hallways/entrys for this spesific reason they dont handle water for shit. I have used this kind of floor myself in the kitchen are you are then supposed to use a water sealant silicone in the cracks. He did not use a suitable floor or have suitable water protection making this wear and tear, not damage, this is pretty obvious since the floor is 5 cm from the sink and its inevitable that splashes will occur.

    Number two is that two new floor boards cost around 300kr tops, and looking at that kitchen it looks like about an hour of work to dismantle and rebuild that floor with two new boards.

    Three, you are allowed to fix the damage either yourself or even getting a carpenter will do that job cheaper.

    Four, hes a fuking asshole for abusing people making illegal deposits to his private account and then withholding it for bullshit like this. This is an obvious scam, and he probably often gets away with it. Same happend to me when the guy suddenly said the oven was broke after we moved out, a 15 y old shitoven that he wanted to take 12000kr for. And its the biggest joke i ever heard that he is going to lose a months rent etc doing this «huge» job. Fk him, ask for papers for the work and materials. Hes just going to get an easy cashgrab and not fix it.

    So where to go from here? Since he has the deposit in his bank account the only real way for you to get them back is through a verdict in the «forliksråd». This is Norways first legaly binding instance and it cost like 2000nok or something to bring up the case (often the «loser» has to pay this fee). It is a quite long and exhausting process so i would try to avoid it. However what i would do is explain that this is extremely unfair, bring up the points above. Tell him you are going to seek to have the case for forliksrådet, where he will have to prove evidence for the costs, and also convince them is damage and not maintenance. If i was you i would offer 2-3000kr taken from the deposit for the damage, or i would take it to forliksrådet. Good luck.

  22. The landlord obviously does’t have a case, and he knows it.

    Send him an email and demand your money back. If he does not pay, send a new email and say that you will take the case to forliksrådet. In the email you have to 1) state your demand 2) the reasons for it (normal wear and tear, no water-proofing etc.)

    I would be surprised if he doesnt pay you after that, but if not I would send a complaint to forliksrådet. He may gamble that you will not go through with a complaint to forliksrådet, but will probably back out long before the case comes up after seein the complaint.

    [https://www.politiet.no/tjenester/namsmann-og-forliksrad/forliksradet/forliksklage/#:~:text=Behandlingen%20av%20en%20sak%20i,motparten%20dersom%20du%20vinner%20saken](https://www.politiet.no/tjenester/namsmann-og-forliksrad/forliksradet/forliksklage/#:~:text=Behandlingen%20av%20en%20sak%20i,motparten%20dersom%20du%20vinner%20saken).

  27. These are not considered damage.
    The landlord needed to fill the space between cabinets and floor with silicone so this would not happened.
    The materials are very cheap and they would show the use faster than a good material.

    If there is no photo before you moved there, he won’t be able to blame u for any damage.

  29. 1) he can demand you to pay for the damage unless you can prove it was like that When you moved in, my guess if he wants to use a carpenter it Will cost about 6500 incl vat (mva / moms) if he cant prove with an invoice but rather keep the money. He cannot have it with the vat. So taking 25% away from that 6500 he can demand 5200,-

    2) its illegal for him to keep deposit in a privat account, and he needs to bill it back and demand the damage to be paid after the money have returned. He can take legal actions against you if you dont pay him. But he got no rights to hold onto your cash

    I Will advice against whitholding anything – if he put the invoice to a debt collector it’ll be expensive for you. And taking a futher step to the bailif(?) you’ll sit there with the fees and shits. Instead take legal action at husleietvistutvalget. However my prediction are allready written.

  30. Looks like water damage to me, so I would withold the deposit until I knew the cost of repairing it. This is certainly not normal wear and tear.

    However, I see some others have pointed out that there are points you can win on regarding the deposit.

  32. It’ll be a hassle, but you will win. Just take a free consultation with a lawyer and it’ll be open and shut, just might take time.

  34. I have recently been trough something similar. What you need to do is take the case to the police, then they will tell you what to do. It is surprisingly easy.
    Don`t worry, this is normal wear and tear and it would have happened to anyone. (unless you have lived there for 1 week)

  35. Too many people here calls this water damage on the floor for ‘normal wear and tear’. Its not. You fucked up and ruined the floor with some minor damage.

    The deposit account matter plays no role in this. You can agree to pay him a deposit to his account since Norway has avtalefrihet. 6500 is cheap. Normally its 3 months rent.

    Dude has to use a carpenter. I believe it easily can cost 6500 for this job inkl. Moms and taxes. Not that I’d bother to fix it, if I owned it.

  36. Had the same excact issue, i first contacted utleierforbudet and they told me some tricks, just be a fucking dick about it and tell them no, than they have to take it to forliksrådet, in which case they have to wait weeks in trial, so most likley they will just let it go, and it they wont forliksrådet will drop the case. Eather way dont let them get deposit

  37. Somebody else mentioned “forliksrådet,” that is probably the best place to contact. It`s the lowest of the courts in Norway, but it`s quick and usually fair. Do not forget pictures and a few good arguments.
    Good luck!

  38. More to the point, who are these misers building homes with such inferior quality materials.

    We live in a world with finite resources, no? And pray tell how much of these materials goes into landfills because someone makes a decisions to build flooring with ‘wooden’ panels made from material that warps as soon as you spill water on it.

    Toilet seats made from MDF, fake wooden flooring which requires the removal of not only 1 panel, but all surrounding panels when only one is damaged, sinks where people are splashing water multiple times during the day made with a material that falls apart upon contact with said water. Draws underneath sinks made of the same material.

  39. You just got scammed by a slumlord.

    Most likely will not get money back. Whilst many of the comments reflect the joyous enthusiasm of a private school outing to the great lawn, in reality its a no win situation.

    Sadly.

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