Defects and repairs in a rented flat

Who must keep a rented flat in good order?

The landlord must hand the property over to the tenant at the agreed time, together with its accessories, in a condition suitable for use under the contract, and ensure that it is kept in that condition while the lease is in force (VÕS § 276 lg 1) [1]. The tenant, in turn, must use the property with care and in line with the purpose for which it was let (VÕS § 276 lg 2) [1].

Minor defects are the tenant's own business: the tenant must, at their own expense, remove a defect that can be removed by the small cleaning or maintenance needed for the ordinary upkeep of the property (VÕS § 280) [4]. If a defect arises while the lease is in force, the tenant is not responsible for it and need not remove it at their own expense, the tenant has the rights listed in the law: to demand that the defect be removed or that damage be compensated, to reduce the rent, or to deposit it (VÕS § 278 p 1, 3, 4 and 5) [2].

In a residential lease, an agreement on the parties' rights, obligations and liability that deviates from the law to the tenant's detriment is void (VÕS § 275) [5].

What if the defect was already there when I moved in?

If the landlord hands over property whose defects rule out its use for its intended purpose or significantly restrict it, the tenant may withdraw from the contract (VÕS § 277 lg 1) [6]. However, if the tenant knew or should have known that the property did not conform to the contract and accepted it anyway, the tenant loses the right of withdrawal and may exercise the rights under VÕS § 278 only if they reserved that right when accepting the property (VÕS § 277 lg 2) [6].

An agreement that excludes or restricts the tenant's rights because the property does not conform to the contract is void if the landlord knew or should have known of the non-conformity when the lease was concluded and did not tell the tenant (VÕS § 281) [7].

How and when must a defect be reported?

The tenant must notify the landlord without delay of a non-conformity of the property that the tenant need not remove themselves, and of a danger to the property if measures must be taken to avert it (VÕS § 282 lg 1 p 1 and 2) [3]. A tenant who fails to do so must compensate the landlord for the damage caused (VÕS § 282 lg 2) [3]. If the landlord could not remove the defect because the tenant did not report it, the tenant cannot use the rights under VÕS § 278 against the landlord (VÕS § 282 lg 3) [3].

Can I reduce the rent or stop paying it?

If the tenant could not use the property for its intended purpose because of the defect, the tenant does not have to pay rent, ancillary costs (kõrvalkulud) or building maintenance and improvement costs for that period (VÕS § 296 lg 1) [8]. If the possibility of use has merely decreased because of the defect, the tenant may reduce the rent in proportion to the defect for the period from when the defect became known until it is removed (VÕS § 296 lg 2) [8].

A residential tenant may set off their own claim against the rent or refuse to pay rent on a ground provided by law if they have notified the landlord of this intention in a form that can be reproduced in writing at least one month before the rent falls due (VÕS § 297 lg 1) [9]; an agreement to the contrary is void (VÕS § 297 lg 2) [9].

When demanding that a defect be removed, the tenant may set the landlord a deadline in a form that can be reproduced in writing and warn that, if the defect is not removed, the tenant will deposit the rent falling due after the deadline; the tenant must notify the landlord of the deposit in the same form (VÕS § 298 lg 1) [10]. The landlord may demand release of the deposited amount if the tenant has not brought the claim before a rental committee (üürikomisjon) or a court within 30 days of the date on which the first deposited rent fell due (VÕS § 298 lg 2) [10].

Can I fix the defect myself and get the costs back?

The tenant may remove the defect themselves and claim reimbursement of the necessary costs if the landlord is in delay with removing it, or if the defect restricts the use of the property for its intended purpose only insignificantly (VÕS § 279 lg 3) [11]. An agreement deviating from this right to the tenant's detriment is void (VÕS § 279 lg 4) [11].

What the law says

• „Üürileandja on kohustatud asja üürnikule üle andma kokkulepitud ajaks koos päraldistega lepingujärgseks kasutamiseks sobivas seisundis ja tagama asja hoidmise selles seisundis lepingu kehtivuse ajal.“ [1] (translation: the landlord must hand the property over to the tenant at the agreed time together with its accessories in a condition suitable for use under the contract and ensure that it is kept in that condition while the lease is in force; VÕS § 276 lg 1) – keeping the flat in order is first of all the landlord's duty.
• „Üürnik peab oma kulul kõrvaldama üüritud asja puuduse, mida saab kõrvaldada asja harilikuks säilitamiseks vajaliku väikese koristamise või hooldamisega.“ [4] (translation: the tenant must at their own expense remove a defect of the rented property that can be removed by the small cleaning or maintenance needed for its ordinary upkeep; VÕS § 280) – minor defects are fixed by the tenant at the tenant's expense.
• The tenant may „alandada üüri puudusele vastaval määral puudusest teada saamisest kuni puuduse kõrvaldamiseni kestnud ajavahemiku eest“ [8] (translation: reduce the rent in proportion to the defect for the period from when the defect became known until it is removed; VÕS § 296 lg 2).
• „Üürnik võib puuduse või takistuse ise kõrvaldada ja nõuda selleks tehtud vajalike kulutuste hüvitamist“ [11] (translation: the tenant may remove the defect or obstacle themselves and claim reimbursement of the necessary costs; VÕS § 279 lg 3), if the landlord is in delay or the defect restricts the intended use only insignificantly.
• The tenant must „viivitamata teatama“ [3] (translation: notify without delay) the landlord of a defect (VÕS § 282 lg 1).

What to do

1. Draw up a handover report when you move in – the property is then presumed to have been handed over in the condition it describes (VÕS § 334 lg 1) [12].
2. Tell the landlord about the defect without delay (VÕS § 282 lg 1 p 1) [3]. A written notice with photos will help you prove later when and what you reported.
3. Let the landlord remove the defect – the tenant must tolerate the necessary works (VÕS § 283 lg 1) [13].
4. If the defect reduces the possibility of use, reduce the rent in proportion to the defect (VÕS § 296 lg 2) [8]; give notice of an intention to set off or refuse payment in a form that can be reproduced in writing at least one month before the due date (VÕS § 297 lg 1) [9].
5. If the landlord is in delay, you may remove the defect yourself and claim the necessary costs (VÕS § 279 lg 3) [11], or set a deadline and deposit the rent (VÕS § 298 lg 1) [10].
6. In a dispute, you can turn to a rental committee or a court under the Rental Dispute Resolution Act (üürivaidluse lahendamise seadus, ÜVLS) (ÜVLS § 1 lg 1) [14]. A rental committee decides a dispute only if no court action has been brought earlier in the same matter (ÜVLS § 1 lg 2) [14]. A rental committee may be set up by a local authority (ÜVLS § 2 lg 1) [15]; rental committees do not decide disputes over money claims exceeding 3200 euros (ÜVLS § 1 lg 1¹) [14].

Frequently asked questions

Which repairs must the tenant do?

At their own expense, the tenant removes a defect that can be removed by the small cleaning or maintenance needed for the ordinary upkeep of the property (VÕS § 280) [4]. When the lease ends, the tenant is not liable for ordinary wear and tear, deterioration and changes resulting from use under the contract (VÕS § 334 lg 2) [12], unless, when concluding the lease, the parties agreed in a form that can be reproduced in writing that the tenant will remove ordinary wear and tear or bear the reasonable and necessary costs of doing so; this does not cover items the landlord provided together with the premises (VÕS § 334 lg 2¹) [12].

May I improve or alter the flat myself?

The tenant may make improvements and alterations only with the landlord's consent given in a form that can be reproduced in writing; the landlord may not refuse consent if they are needed for the use of the property or its reasonable management (VÕS § 285 lg 1) [16].

Can I terminate the lease straight away because of a defect?

If the landlord knows or should know of the defect but does not remove it within a reasonable time, the tenant may terminate the lease without observing the notice period if the defect rules out use of the property for its intended purpose or significantly restricts it (VÕS § 279 lg 1) [11]. Either party may terminate a residential lease if the dwelling is in such a condition that using it poses a significant danger to people's health (VÕS § 317) [17].

May the landlord enter the flat to do repairs?

The tenant must tolerate works needed to preserve the property, remove defects, prevent damage or remove its consequences, and must allow the property to be inspected if this is needed for its preservation, sale or letting to another person (VÕS § 283 lg 1 and 2) [13]. The duty to tolerate works does not exclude or restrict the tenant's right to reduce the rent or claim damages because of them (VÕS § 283 lg 1) [13]. The landlord must give timely notice of works and inspections and take the tenant's interests into account (VÕS § 283 lg 3) [13].