Utility and service charges in a tenancy

What are additional costs?

Additional costs are fees for services and acts of the landlord or a third party connected with the use of the property and not related to improving it or remedying its defects (VÕS § 292 lg 1) [1]. The tenant bears them only if this has been agreed in a form reproducible in writing (VÕS § 292 lg 1) [1].

Separate from these are building maintenance and improvement costs – the costs needed to keep the whole building in the agreed condition and to improve it. A tenant of a dwelling bears them, to a reasonable, proportionate and foreseeable extent, only if this was agreed when the contract was concluded in a form reproducible in writing (VÕS § 292 lg 1¹) [1]. If the tenant bears the costs of improving the building, raising the rent because of the same improvements is void (VÕS § 292 lg 1¹) [1].

When and how are additional costs paid?

If rent is calculated by periods, rent and additional costs are paid after each period ends, unless agreed otherwise (VÕS § 294) [4]. If the tenant paid additional costs in advance for the time after the contract ends, the landlord must refund the advance with interest (VÕS § 337) [5].

If the tenant could not use the dwelling for its purpose because of a defect, they need not pay rent or additional costs for that time (VÕS § 296 lg 1) [6].

What the law says

• The tenant bears additional costs „üksnes juhul, kui selles on kirjalikku taasesitamist võimaldavas vormis kokku lepitud“ [1] (translation: only if this has been agreed in a form reproducible in writing; VÕS § 292 lg 1).
• „Üürileandja peab üürniku nõudmisel võimaldama viimasel tutvuda kõrvalkulusid ning hoone korrashoiu- ja parenduskulusid tõendavate dokumentidega.“ [1] (translation: at the tenant's request, the landlord must let the tenant examine the documents proving the additional costs and the building maintenance and improvement costs; VÕS § 292 lg 2).
• The tenant may challenge within 30 days a unilateral change by the landlord, „eelkõige oma seni üürnikule pakutavate teenuste vähendamise või üürnikule uute kõrvalkulude panemise“ [3] (translation: in particular reducing the services provided to the tenant or imposing new additional costs on the tenant; VÕS § 303 lg 2).

What happens if additional costs are not paid?

The landlord may terminate the lease extraordinarily if the unpaid additional costs exceed the additional costs due for two months (VÕS § 316 lg 1 p 3) [7]. Before that, the landlord must give the tenant, in a form reproducible in writing, an additional period of at least 14 days with a warning that the contract will be terminated if the debt is not paid (VÕS § 316 lg 3) [7].

What to do

1. Check the lease: you bear additional costs only if they were agreed in a form reproducible in writing (VÕS § 292 lg 1) [1].
2. If a bill seems too high, ask for the supporting documents (VÕS § 292 lg 2) [1].
3. If the landlord unilaterally imposes new additional costs on you, challenge this within 30 days (VÕS § 303 lg 2) [3].
4. If you receive a warning about arrears, pay within the additional period to avoid termination (VÕS § 316 lg 3) [7].
5. In a dispute, you can turn to a rent committee or a court (ÜVLS § 1 lg 1) [8].

Frequently asked questions

Must I pay additional costs if the lease says nothing about them?

Besides rent, the tenant bears additional costs only if this has been agreed in a form reproducible in writing (VÕS § 292 lg 1) [1].

Can the landlord charge the costs of renovating the building?

A tenant of a dwelling bears building maintenance and improvement costs only to a reasonable, proportionate and foreseeable extent, and only if this was agreed when the contract was concluded in a form reproducible in writing (VÕS § 292 lg 1¹) [1].

Can I check how the additional costs were calculated?

Yes. At the tenant's request, the landlord must allow them to examine the supporting documents (VÕS § 292 lg 2) [1].

Can the landlord terminate the lease over unpaid additional costs?

Yes, if the arrears exceed two months' additional costs and the landlord has given an additional period of at least 14 days with a warning (VÕS § 316 lg 1 p 3 ja lg 3) [7].