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Does "bindingstid" prevent me from terminating my lease?

Jente, 19

I have leiekontrakt with 9 months bindingstid and 3 months notice before I leave. I have personal reasons to want to leave the house after 2 months. I have family matters and also I'm depressed and I want to leave. I have contacted the huseier and told her in 3 months notice I will leave in June. She told me I can't because we have 9 months of binding time and she won't give me the deposit back if I leave in 3 months. I need my money back and I need to leave. Can she keep the deposit and do I have to pay the remaining months to leave? I'm desperate I don't know what to do. I thought binding time can vary from 9 months to 3 years but you can leave without problems. I never had that problem before when I moved apartments.

Svar

Hello.

"Bindingstid" means that the contract cannot be terminated through a notice of termination before the bindingstid is up. Based on the concrete wording in your contract, this means that the earliest end date for your lease would be either after nine months, or after twelve.

The conctract can be terminated through other means, though. Either if either party significantly breaches the contract, or through a mutual agreement to end the lease. Do note that a significant breach of contract from your side does not absolive you from your duty to pay rent or to pay for whatever lost rental income the landlord suffers due to your breach of contract. Based on what you're writing, your reasons for wanting to end the lease are solely based on issues on your side. An agreement with the landlord is thus your only way of ending the lease.

To manage this, you will have to offer something to make the landlord want to enter into such an agreement. Typically this would mean offering to pay the landlord something, or at least to cover the expenses involved in finding a new tenant. It is however up to the landlord whether she wants to enter into such an agreement or not.

If you choose to move out regardless of the bindingstid, you will still be responsible for paying rent until the end of the nine (or twelve) months, but if you have informed the landlord that you will stop paying rent, she has to try to find a new tenant to stop her continous loss of rental income. This may however take a while, and she will be entitled to rent from you until someone else starts using the apartment.

Med vennlig hilsen Leieboerforeningen i samarbeid med Ung.no.

Besvart: 23.3.2022

Oppdatert: 23.3.2022

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