Notwithstanding the abolition by the Housing Act (1992) of national rent controls, the Act S 301 bans "excessive rents" defined as "unreasonable rent benefit from the renting of houses, except in case of a luxury house or apartment. buy house in qatar
In practice, however, homes rented by the readers of this guide are probably categorized as 'luxury' and are, therefore, free from rental control.
Periodic rental increase agreements are valid for fixed-term contracts if:
The lease is for at least three years
The rent is only increased once a year
The extent of the increase or calculation basis is precise
More controlled are 'non-specified term contracts.'
In such cases, the rent control is administered by the local municipality. Control will be exercised not when the original rental agreement is reached, but when the landlord asks for an increase in rental which can be done every six months or one month in the case of furnished rooms. The landlord may agree on rents at a level covering actual housing costs, i.e. housing maintenance costs, renovation costs, housing services and the ownership profit, which may account for up to 10% of the overall rent price. The landlord shall give the rent increase by going to the local courts 30 days notice in writing and the date, reasons, and procedure for contesting it.
All housing taxes shall be borne by the landlord.
Deposits
The landlord can request a deposit of up to three months. This deposit may be paid in three equal installments by the leaser beginning after the contract entry. The deposit shall be kept in a separate account of the landlord, which shall at least bear the local average rate, which interest shall be paid to the lessee upon return of the deposit.
What rights have landlords and tenants in Estonia, particularly regarding contract duration and eviction?
Contract periods between landlord and landlord can be freely agreed, but there are dangers.
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When the term of the lease has expired or a contract has been canceled, the tenant may request that the contract be renewed for up to three years, provided that the termination would have severe consequences for the tenant or for his family. The tenant may in fact be able to request an extension repeatedly, but may be required to show that he has done everything that is reasonable to find new housing.
Furthermore, if care is taken, certain term contracts may be defaulting on 'unspecified term contracts,' in which tenant expulsion is difficult:
Contracts for more than one year and not in writing are contracts for terms not automatically specified.
The lease agreement is an unspecified term contract if the leasee continues to use the residence after the contract expires, unless either the landlord or the tenant communicates a different intent to the other party within two weeks.
If a residential lease contract is over two years, the contract becomes an unspecified terms contract at expiry, unless one party gives an announcement two months before the end of the term that it does not wish to extend the contract.
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Unspecified contracts may be canceled at a notice of three months by either party. Nevertheless, contracts cannot be cancelled in "bad faith," i.e. because the property owner wants to raise rent and the tenant refuses to accept or in proceedings.
Repossession can be very difficult for non-payment of rent. After three months of non-payment the court can issue an order, but the order is not issued if the tenant makes partial payment.
With the consent of tenants, such consent may be rejected except under strict conditions. The tenant is however still responsible for the work of the sub-reader.
The above provisions do not apply to leases of accommodation establishments and premises designed for holidays with a term no more than three months, or to lease contracts signed for the temporary use of other premises.
How effective is the legal system in Estonia?
Non-payment EVICTION OF RENT
Duration until process service is completed 59
Trial Duration 136
Enforcement Duration 110
Total Evict Tenant Days 305
Courts: Project Lex Mundi
Legislation
The Housing Act 1992 removed the regulation on the rent of the central government and laid down guidelines for the regulation of local authorities. Part 3 of Chapter 15 of the Law of Obligations covers residential leasing contracts.
Short history: recent changes to Estonian law on landlords and tenants
Centralized control of rents was abolished in 1992. The privatization of housing started in 1994 and continued until June 2001, transferring almost all houses from government to municipal property and then to private property under very beneficial conditions (many buyers paid around 1 percent of the value of the property).
In some cases, the property was returned to pre-Soviet occupying owners and the tenants could not buy the property but had strong rental management, which was recently abolished. In 2004, the Supreme Court found that the abolition of rental ceilings for restored housing tenants is legal.