Bundet av kontrakt selv om man ikke har signert
I am an Italian menswear retailer. I was looking for a shop to rent in Oslo and I found an interesting one. I gave the agency my willingness to sign the contract, however, for a variety of reasons, I sent an email to the agency telling them that I could no longer sign the contract. They claim that I would have to pay the rent anyway until they find a new tenant. It's possible ? If so, are there any negotiation margins?
Svar:
You may have entered into a binding agreement by giving the agency your willingness to sign, even though you never signed the written contract. Whether you are bound by the contract must be judged on the basis of the passed communication between the parties, in your case your communication with the agency. To determine the existence of an agreement, as opposed to non-binding negotiations, is sometimes difficult.
If you are bound by the contract, you are obliged to pay rent in the period from notice of termination till the contract is terminated according to the contract or the Tenancy Act. Alternatively you may find a new tenant. Since tenancy contracts for business premises are often long-term, this is often the tenant's preferred solution. To transfer the contract to a new tenant you need the landlord's consent, but the landlord can not refuse consent unless he has reasonable grounds.