Residential lease
1.Parties
- 1.1
This residential lease (hereinafter the contract) was made at Place where the lease is signed, on Date of the lease, between the following parties: landlord Landlord (hereinafter the landlord) and tenant Tenant or tenants (hereinafter the tenant).
Give each party's name, personal ID code or registry code, address, email and phone. A tenant may give a date of birth. Name a company's representative.
- 1.2
Optional
Where there are several tenants, they are jointly and severally liable for the obligations under the contract.
Keep it when two or more people sign as tenants. Each tenant who signs is a party.
- 1.1
2.The home
- 2.1
The landlord gives the tenant for use the home at Address of the home, land register part no. Register part number (registriosa nr), which consists of the following: Description (hereinafter the home).
- 2.2
Together with the home, the following ancillary spaces are given to the tenant for use: Ancillary spaces. The furniture and appliances of the home are listed in the handover report.
Items let together with the home follow the residential lease rules (§ 272(3)).
- 2.1
3.Use of the home
- 3.1
The home is used only for permanent living. In addition to the tenant, the following persons live in the home: Other persons who will live in the home. Pets: Pets.
By law the tenant may house a spouse, registered partner, minor children and parents unable to work without consent, unless the lease requires consent (§ 289).
- 3.2
The tenant uses the home with care and for its intended purpose and takes into account the interests of the other residents and the neighbours. The tenant follows the house rules set by the apartment association.
- 3.3
The tenant may sublet the home or otherwise give it to a third party for use only with the landlord's consent given in a form that can be reproduced in writing.
The landlord may refuse consent only for a good reason (§ 288).
- 3.1
4.Term and handover
- 4.1
The contract takes effect and the home is handed over to the tenant on Start date of the lease and handover. At handover the parties draw up a handover report recording the condition of the home and the furniture, the meter readings and the keys handed over.
If a handover report exists, the home is presumed to have been handed over in the condition it records (§ 334(1)).
- 4.2
Optional
The contract is concluded for an indefinite term.
Keep this clause or the next one, not both. Either party can end an open-ended lease with at least 3 months' notice.
- 4.3
Optional
The contract is concluded for a fixed term until End date of a fixed-term lease. A fixed-term contract cannot be terminated by ordinary notice.
A lease of at least two years becomes open-ended unless a party says at least two months before the end that it does not want it to continue (§ 310(2)).
- 4.1
5.Rent
- 5.1
The rent is Monthly rent euros per month. The tenant pays the rent for the current month in advance no later than day Day of the month the rent is due of each month to the landlord's bank account Landlord's IBAN and account holder.
Without this clause the rent is due at the end of each month (§ 294).
- 5.2
Under an open-ended contract, the landlord may raise the rent on the grounds set by law no more than once a year, giving the tenant at least 30 days' notice in a form that can be reproduced in writing.
The notice must state the new rent, the start date, the reasons and calculation, and how to contest it, or the increase is void (§ 299).
- 5.3
Optional
Under a fixed-term contract, the rent increases as follows: Fixed-term rent increase rule. The rent does not increase more than once a year.
Valid only in a fixed-term lease of at least 3 years, with the increase set as an amount, a percentage or an index (§ 300). Delete it otherwise.
- 5.1
6.Utilities and building upkeep costs
- 6.1
In addition to the rent, the tenant pays the following utilities based on actual use and the invoices issued: Utilities the tenant pays. Utilities payable to the landlord are due no later than day Due day of utilities paid to landlord of each month.
Say for each cost whether it is paid to the landlord or to the supplier. On request the landlord must show the supporting documents (§ 292).
- 6.2
Optional
The tenant bears building upkeep and improvement costs in the amount of Upkeep and improvement costs (tenant).
Only if agreed at signing, in a reasonable, proportionate and foreseeable amount. A rent increase for improvements the tenant pays for is void (§ 292(1¹)).
- 6.1
7.Deposit
- 7.1
To secure the claims under the contract, the tenant pays the landlord a deposit of Deposit euros. The tenant may pay the deposit in equal parts over three months, the first part after the contract is signed.
The deposit cannot exceed 3 months' rent (§ 308(1)).
- 7.2
The landlord deposits the deposit in a credit institution separately from the landlord's own assets, at least at the local average interest rate. The interest belongs to the tenant and increases the deposit.
- 7.3
The landlord returns the deposit after the contract ends, less the landlord's justified claims against the tenant. If the landlord has not notified a claim within two months after the contract ends, the tenant may demand the return of the deposit.
A contractual penalty cannot be taken from the deposit (§ 287(5)).
- 7.1
8.Upkeep and alterations
- 8.1
The landlord keeps the home in a condition fit for the agreed use and remedies at the landlord's cost the defects for which the tenant is not responsible. The tenant remedies at the tenant's cost minor defects that can be fixed by small cleaning or maintenance.
If a serious defect stays unfixed for a reasonable time, the tenant can end the lease without notice, or fix it and claim necessary costs (§§ 276, 279, 280).
- 8.2
The tenant notifies the landlord without delay of defects in the home and of any danger to it. The tenant lets the landlord inspect the home when this is needed to preserve it, to sell it or to show it to a new tenant; the landlord gives notice in good time.
See §§ 282 and 283.
- 8.3
The tenant may make improvements and alterations to the home only with the landlord's consent given in a form that can be reproduced in writing.
The landlord can demand that the tenant restore the former state only if that was agreed in this form (§ 285(2)).
- 8.4
Optional
The tenant takes out and keeps in force during the contract the following insurance: Insurance the tenant takes out.
The law does not require tenant insurance. Keep it if you want the tenant to cover contents and liability.
- 8.1
9.Contractual penalty and late interest
- 9.1
Optional
The tenant pays the landlord a contractual penalty of Penalty per breach euros for each of the following material breaches of a non-monetary obligation: Breaches that trigger a penalty. The total of penalties claimed in one month does not exceed 20 percent of one month's rent.
Each breach must be described precisely. The penalty per breach cannot exceed 10% of one month's rent (§ 287). A penalty for late payment is void.
- 9.2
Optional
If the tenant is late with a monetary obligation, the tenant pays late interest of Late interest rate per day or per year.
Without this clause the statutory rate applies. An agreed rate above three times the statutory rate is void (§ 287¹).
- 9.1
10.Ending the contract
- 10.1
Either party may terminate an open-ended contract by giving the other party at least three months' notice.
The tenant can contest a notice in bad faith, for example after asserting a right, within 30 days before a rent committee or court (§§ 326, 327, 329).
- 10.2
Either party may terminate the contract extraordinarily on the grounds set by law, in particular for a serious reason. The landlord may terminate the contract because of late payment of rent or utilities if the landlord has given the tenant an additional period of at least 14 days, in a form that can be reproduced in writing, with a warning of termination.
The arrears ground: two consecutive late due dates with the rent or at least one month's rent of it, or rent or deposit arrears above 2 months' rent (§ 316).
- 10.3
A notice of termination is given in a form that can be reproduced in writing. The landlord's notice states the home, the day the contract ends, the ground for termination, and the procedure and time limit for contesting the termination.
A notice that breaks these rules is void (§ 325). A tenant who lives with a spouse or registered partner needs that person's consent to end the lease.
- 10.1
11.Return of the home
- 11.1
When the contract ends, the tenant returns the home with the furniture and all keys in the condition described in the handover report, allowing for normal wear and tear from the agreed use. On return the parties draw up a handover report.
The landlord must inspect the home on return and report the tenant's defects without delay, or loses those claims (§ 336).
- 11.2
Optional
The tenant returns the home in a condition from which the wear or deterioration caused by normal agreed use has been removed, or bears the reasonable and necessary costs of doing so.
Only if agreed at signing (§ 334(2¹)). It covers work like repainting walls, not the general repair duty or furniture let with the home. Else delete it.
- 11.1
12.Final provisions
- 12.1
Other agreements: Other terms.
Any term that departs from the law to the tenant's disadvantage is void (§ 275).
- 12.2
The parties send notices relating to the contract to the email addresses stated in this contract. Disputes arising from the contract are settled by negotiation, and failing that before the rent committee or the county court.
Money claims above 3,200 euros, and disputes where no rent committee exists, go to the county court.
- 12.3
The contract is drawn up in Estonian and signed in two copies, one for each party. If signed digitally, the contract exists in one digital copy. The handover report is an integral annex to the contract. Signature of the landlord. Signature of the tenant.
- 12.1