Renting a flat in Estonia: your rental agreement and tenant rights

What protections does Estonian law give tenants?

The rules in VÕS § 271–338 cover homes used for permanent living, but not holiday lets of up to three months, a room in the landlord’s own largely furnished home, or leases taken to sublet for profit (§ 272(4)).

A lease for more than one year that is not in writing counts as open-ended, but it cannot be ended earlier than one year after the flat was handed over (§ 274). A digitally signed document counts as written (General Part of the Civil Code Act (TsÜS) § 80). Many other terms only need “a format which can be reproduced in writing”, such as an e-mail (TsÜS § 79).

Agents and letting platforms often use standard lease forms, so the unfair-terms rules in VÕS § 35–44 apply as well.

How much deposit can a landlord ask for in Estonia?

The landlord must keep the deposit in a credit institution, separate from their own assets, at no less than the local average interest rate, and the interest is yours (§ 308(2)). A clause demanding more, or refusing instalments, is void under § 275.

The deposit covers claims under the lease, such as unpaid rent or damage beyond normal wear and tear (§ 334(2)). If the landlord has not notified you of a claim within two months after the lease ends, you can demand the deposit back (§ 308(3)).

If a handover report is signed at move-in, the flat is presumed to have been handed over in the condition it records (§ 334(1)), so list every fault and add dated photos. At move-out the landlord must inspect the flat and promptly report defects you are responsible for, or lose those claims unless the defect was hidden (§ 336). The landlord’s damage claims expire six months after the flat is returned (§ 338).

Check these clauses in your own contract – free summary →

Can the landlord raise the rent or add new costs?

The notice must be in a format that can be reproduced in writing and state the rise and the new rent, the start date, the reasons and calculation, and how to challenge it. Otherwise the rise is void (VÕS § 299(1)–(3)).

A periodic increase clause needs a lease of at least three years, no more than one rise a year, and a precisely fixed amount, percentage or index (§ 300(1), § 299(5)). An indexation clause in a one-year lease does not bind you.

You can challenge an excessive rise within 30 days of the notice (§ 303(1)). Within the same 30 days you can instead end the lease with 30 days’ notice, and the rise is then treated as never made (§ 303¹).

Ancillary costs are payable on top of rent only if agreed in a format that can be reproduced in writing (§ 292(1)). A share of the building’s maintenance and improvement costs binds you only if agreed that way at signing, and only in a reasonable, proportionate and foreseeable amount (§ 292(1¹)).

Who pays for repairs and wear and tear?

Report defects promptly, or you may lose remedies (§ 282). If the landlord is late with a repair, you may do it yourself and claim the necessary costs; if a known defect that prevents or seriously limits use is not fixed within a reasonable time, you may terminate without notice. These rights cannot be excluded (§ 279).

While a defect limits your use of the flat, you may reduce the rent (§ 296). To withhold rent or set off a claim against it, give notice in a format that can be reproduced in writing at least one month before the rent is due (§ 297).

A duty to remove ordinary wear and tear, or pay for it, binds you only if agreed at signing in that format, only for reasonable and necessary costs, and never for furniture supplied with the flat (§ 334(2¹)). Any other promise to pay a sum when the lease ends, beyond compensation for damage, is void (§ 334(4)).

How much notice is needed to end a lease in Estonia?

Notice must be in a format that can be reproduced in writing. A landlord’s notice must name the flat, the end date, the ground, and how and when to challenge it, or it is void (§ 325(1)–(2), (5)). A tenant who lives with a spouse or registered partner needs their consent in the same form (§ 325(3)).

A fixed-term lease of two years or more becomes open-ended unless either side opts out at least two months before it ends (§ 310(2)).

The landlord may end a lease early only on statutory grounds, such as rent arrears on two consecutive due dates or exceeding two months’ rent, after a final 14-day deadline (§ 316), serious misuse with 30 days’ notice (§ 315), or a new owner’s urgent need for the flat (§ 323). In an open-ended lease, a clause giving the landlord extra grounds is void (§ 309(3)).

You can challenge a termination that is contrary to good faith before a rent committee or court within 30 days, and ask for the lease to be extended by up to three years if moving out would cause serious hardship (§ 326, § 329).

Where do tenancy disputes go in Estonia?

Tallinn has a rent committee; elsewhere, check with your municipality. A committee will not take a dispute already brought to court or a money claim above €3,200 (ÜVLS § 1). A panel of three holds a hearing within one month of accepting the written application and decides within seven working days (§ 3, § 7, § 17). Either side can take the dispute to the county court within 20 days; otherwise the decision becomes binding and enforceable (§ 21–24).

The Consumer Disputes Committee does not hear disputes that have their own statutory procedure (Consumer Protection Act (TKS) § 40(5)). For a large claim or an eviction, have an Estonian lawyer review the file.