What is a eviction? The legal term for being removed from a place of residence is eviction. This page provides details of when eviction is relevant and the procedure involved.
Eviction must always be executed via a public authority. It involves removing a person and their possessions from a house or apartment.
When is eviction relevant?
A landlord can apply for an eviction order when he believes he is entitled to terminate a tenancy agreement, or when a tenant has “no clear entitlement” to remain in an apartment (failure to pay the rent as grounds for terminating a tenancy, disturbance, illegal subletting etc.).
Who handles an application for eviction?
Remember that the District Courts only handle certain types of evictions. Evictions according to section 13-2 (d and e) of the Administration of Estates Act are handled by the court, whilst section 13-2 (a, b and c) are handled by the Bailiff (which comes under the police. More details at politiet.no).
Applications for eviction must include:
Name, address and date of birth/organisation number of all parties.
The address of the property concerned.
A description of the grounds alleged (Enf. Act section 13-2 (d or e).
Requests must have the following attachments:
Copy of eviction notice, Enf. Act section 4-18. The eviction notice must state that enforcement will be invoked if the defendant fails to voluntarily leave the property.
The lease agreement (if relevant).
The application cannot be submitted until at least two weeks have passed since notice was given.
Dated and signed applications with attachments must be submitted in 4 complete examples.
Once the court has received and approved the request, it will be forwarded to the defendant with a 2 week period for response. If no response is received within that period, the court will normally grant judgement based on the claimant's presentation of the case. If a response is received within the period, it will be sent to the claimant for comment. In most instances, the court considers the dispute on the grounds of the written case submission. It will summon the parties to attend court (verbal proceedings) if it deemed necessary or at the request of one of the parties.
Cases ruled in favour of the claimant are referred to the Bailiff for execution.
Judgement in eviction cases handled by the court can be appealed. The appeal deadline is 1 month after judgement has been passed.
The District Courts also handle eviction applications according to section 11-14 of the Administration of Estates Act (eviction related to compulsory sale) and section 27 of the Property Unit Ownership Act (eviction due to the conduct of a joint owner).