Extraordinary Termination of Rental Agreements
In Estonia, the termination of rental agreements is governed by the Law of Obligations Act (VÕS). While a fixed-term contract is generally binding until its expiration, the law provides for extraordinary termination if continuing the contract becomes unreasonable for one of the parties.
Extraordinary Termination under VÕS § 313
A party may terminate a contract extraordinarily for a good reason. A reason is considered 'good' if, considering all circumstances and the interests of both parties, the terminating party cannot be expected to continue the contract until the agreed end date.
Common grounds include:
- By the Tenant: The condition of the premises poses a health risk, or the landlord significantly breaches their obligations.
- By the Landlord: The tenant is in significant arrears with rent payments (VÕS § 316) or repeatedly violates house rules.
Form and Procedure
Pursuant to VÕS § 325, the notice of termination must be submitted in a format that can be reproduced in writing (e.g., email). The notice must clearly state:
- The identification of the rented property.
- The date of termination.
- The reason for termination.
- The procedure for contesting the notice.
It is crucial to note that an unjustified termination is void. When renting residential premises, the law imposes strict requirements to protect the tenant. Before submitting a notice, it is generally required to issue a written warning, unless the breach is so severe that a warning is deemed unreasonable.
Are you unsure if your grounds for termination are sufficient? Do you need help drafting a legally sound notice? Our advanced legal AI assistant is here to provide you with a tailored assessment. Contact Legal Aid 24 today for a personalized analysis of your specific rental situation.