§ 40

If the landlord has charged higher rent, deposit, advance payment, or similar than allowed, the tenant can demand the excess amount be refunded, and the tenant can also demand a rent reduction effective for the future. Upon termination of the tenancy, the tenant's claim must be submitted to the rent tribunal within 1 year from the move-out date.

Stk. 2.Notwithstanding subsection 1, the tenant cannot demand a refund of overpaid rent on the grounds that the rent exceeds the rental value, unless a claim for rent reduction is submitted to the rent tribunal within 1 year from the date the rent or increased rent is first due.

Stk. 3.Refund claims accrue interest from the payment date at an annual rate corresponding to the rate set under § 5, subsections 1 and 2, of the Act on Interest on Overdue Payments, etc. Where special circumstances justify it, a higher or lower interest rate may be determined.