Ending a residential lease in Estonia

How do I terminate an open-ended lease?

Both the tenant and the landlord may terminate an open-ended lease (VÕS § 309 lg 1) [2]. For a dwelling or business premises, at least three months' notice is required; for furnished rooms and separately rented parking spaces and garage spaces, at least one month (VÕS § 312 lg 1 and 2) [1]. If a longer notice period was agreed in the lease, that period applies (VÕS § 311 lg 1) [5]. If the notice period is not observed, the lease is deemed terminated when the required period has passed (VÕS § 311 lg 2) [5].

An agreement allowing the landlord of a dwelling to terminate an open-ended lease on a ground other than those set out in the law is void (VÕS § 309 lg 3) [2].

What happens to a fixed-term lease?

A fixed-term lease ends when its term expires, unless it was terminated extraordinarily before that (VÕS § 309 lg 1) [2]. It can, however, become open-ended:

• if the tenant keeps using the property after the term expires and neither party expresses a different intention within two weeks (VÕS § 310 lg 1) [6];
• if, in a residential lease concluded for at least two years, neither party gives notice at least two months before the term expires that it does not want the lease extended (VÕS § 310 lg 2) [6].

If a residential lease for a term of more than one year was not concluded in writing, it is deemed open-ended, but it may not be terminated so that it ends earlier than one year after the dwelling was handed over to the tenant (VÕS § 274) [7].

When can a lease be terminated extraordinarily?

For good reason, either party may terminate both open-ended and fixed-term leases; a reason is good if, taking into account all circumstances and the interests of both parties, the terminating party cannot be expected to continue the lease (VÕS § 313 lg 1) [3]. No notice is needed for extraordinary termination unless the law provides otherwise (VÕS § 313 lg 3) [3]. The law names in particular the following cases (VÕS § 313 lg 2) [3].

• The tenant cannot use the dwelling for a reason attributable to the landlord, and the landlord has not enabled its use within a reasonable period set by the tenant (VÕS § 314 lg 1) [8].
• Breach of the tenant's obligations – the landlord may terminate the lease if the tenant keeps breaching the duty of care and consideration despite a warning, breaches it materially or intentionally, or wrongfully lets a third party use the dwelling so that the landlord or neighbours are disturbed to such an extent that the landlord cannot be expected to continue the lease; at least 30 days' notice is required, but not if the tenant intentionally damages the premises (VÕS § 315 lg 1 and 2) [9].
• Rent arrears – the landlord may terminate the lease, for example, if the tenant is late on two consecutive payment dates or the rent owed exceeds two months' rent (VÕS § 316 lg 1) [10]. As a rule, the landlord must first give, in a form that can be reproduced in writing, an additional period of at least 14 days with a warning that the lease will be terminated if the debt is not paid (VÕS § 316 lg 3) [10].
• Danger to health – either party may terminate the lease if using the dwelling involves a significant danger to people's health (VÕS § 317) [11].

What must the notice of termination contain?

A lease of a dwelling or business premises is terminated by a notice in a form that can be reproduced in writing (VÕS § 325 lg 1) [4]. The landlord's notice must state at least the leased property, the date the lease ends, the ground for termination and, for a dwelling, the procedure and deadline for contesting the termination (VÕS § 325 lg 2) [4]. To terminate a residential lease, the tenant needs the consent of a spouse or registered partner living with them, given in a form that can be reproduced in writing (VÕS § 325 lg 3) [4]. A termination that does not meet these requirements is void (VÕS § 325 lg 5) [4].

How can the landlord's termination be contested?

A tenant of a dwelling may contest the landlord's termination before a rental committee (üürikomisjon) or a court if the termination is contrary to the principle of good faith (VÕS § 326 lg 1) [12]. This is the case in particular if the landlord terminated the lease because the tenant made a claim under the lease in good faith or refused to accept a change to the lease to their detriment (VÕS § 327 lg 1) [13].

Where the landlord has terminated the lease or a fixed-term lease expires, the tenant of a dwelling may demand that the lease be extended by up to three years if its ending would have severe consequences for the tenant or their family (VÕS § 326 lg 2) [12]. An application to contest the termination or to extend an open-ended lease must be filed within 30 days of receiving the notice of termination; to extend a fixed-term lease, no later than 60 days before the term expires (VÕS § 329 lg 1–3) [14]. During the proceedings the lease continues on the existing terms, unless the parties agree otherwise (VÕS § 329 lg 4) [14].

What the law says

• Either party may terminate an open-ended lease „teatades sellest ette vähemalt kolm kuud“ [1] (translation: by giving at least three months' notice; VÕS § 312 lg 1).
• „Mõjuval põhjusel võib kumbki lepingupool nii tähtajatu kui tähtajalise üürilepingu üles öelda.“ [3] (translation: for good reason, either party may terminate both an open-ended and a fixed-term lease; VÕS § 313 lg 1).
• „Käesoleva paragrahvi lõigetes 1–4 sätestatud nõuetele mittevastav ülesütlemine on tühine.“ [4] (translation: a termination that does not meet the requirements of subsections 1–4 of this section is void; VÕS § 325 lg 5).

What to do

1. Find out whether your lease is fixed-term or open-ended and whether a longer notice period was agreed (VÕS § 309 lg 1; VÕS § 311 lg 1) [2] [5].
2. To terminate an open-ended residential lease, allow at least three months' notice (VÕS § 312 lg 1) [1].
3. Prepare the notice of termination in a form that can be reproduced in writing; as a tenant, attach the consent of the spouse or registered partner living with you (VÕS § 325 lg 1 and 3) [4].
4. If you are the tenant and the landlord has terminated the lease, check that the notice contains all the required information (VÕS § 325 lg 2) [4] and, if needed, file an application with the rental committee or a court within 30 days (VÕS § 329 lg 1) [14].
5. A dispute arising from a residential lease can be taken to a rental committee or a court under the Rental Dispute Resolution Act (üürivaidluse lahendamise seadus, ÜVLS) (ÜVLS § 1 lg 1) [15].

Frequently asked questions

How much notice must a tenant give to end a flat lease?

For an open-ended residential lease, at least three months, unless a longer period was agreed in the lease (VÕS § 312 lg 1; VÕS § 311 lg 1) [1] [5].

Can a fixed-term lease be ended early?

A fixed-term lease ends when its term expires, unless it was terminated extraordinarily before that (VÕS § 309 lg 1) [2]; it can be terminated extraordinarily for good reason (VÕS § 313 lg 1) [3].

Can the landlord terminate immediately because of rent arrears?

As a rule, the landlord must first give, in a form that can be reproduced in writing, an additional period of at least 14 days together with a warning (VÕS § 316 lg 3) [10].

Is my spouse's consent needed?

Yes, if the tenant terminates a residential lease and a spouse or registered partner lives with them; a termination without consent is void (VÕS § 325 lg 3 and 5) [4].

Within what time can the landlord's termination be contested?

The tenant must file an application with the rental committee or a court within 30 days of receiving the notice of termination (VÕS § 329 lg 1) [14].