LAW OF OBLIGATION ACT, PART 3, CHAPTER 15, DIVISION 3

Division 3

Rent and Accessory Expenses 

  • 292. Accessory expenses

(1) In addition to the payment of rent, a lessee shall bear other expenses related to the leased thing (accessory expenses) only if so agreed. Charges for the services and acts of a lessor or a third party which are related to the use of a thing are accessory expenses.

(2) The lessor shall, at the request of the lessee, enable the lessee to examine documents certifying accessory expenses.

  • 293. Taxes and duties

All taxes and duties related to a thing shall be borne by the lessor unless agreed otherwise.

  • 294. Due date

If the rent is measured by certain periods of time, the rent and accessory expenses shall be payable after expiration of each of the corresponding periods of time, unless the parties have agreed otherwise. If the rent is not measured by periods of time, the lessee shall pay the rent and accessory expenses upon expiry of the contract.

  • 295. Obligation to disclose previous rent

Upon entry into a contract, the lessee may demand to be informed by the lessor of the rent payable according to the previous lease contract.

  • 296. Refusal to pay rent and reduction of rent

(1) A lessee need not pay rent or bear accessory expenses during any period when the lessee cannot use the thing for its intended purpose due to a defect or obstacle specified in § 278 of this Act or for the reason that the lessor has not granted use of the thing to the lessee.

(2) If the possibility of using the thing for its intended purpose has only diminished due to a defect or obstacle specified in § 278 of this Act, the lessee may reduce the rent to an extent corresponding to the defect for the period from becoming aware of the defect until removal of the defect.

(3) The lessee shall also pay rent for the period when the lessee is not able to use the thing due to circumstances depending on the lessee, particularly due to the absence of the lessee, although the lessee may deduct the amounts saved by the lessor from the rent and the value of any benefit received from the thing being used differently.

  • 297. Notification of set-off and refusal to pay rent

(1) The lessee of a dwelling or business premises may set off a claim belonging to the lessee against a lease claim of the lessor or may refuse to pay the rent on the bases provided by law if the lessee notifies the lessor of this intention at least one month prior to the due date for payment of the rent and in a format which can be reproduced in writing.

(2) Agreements which derogate from the provisions of subsection (1) of this section are void.

[RT I 2002, 53, 336 – entry into force 01.07.2002]

  • 298. Deposit of rent

(1) If the lessee of a dwelling or business premises demands that the lessor remove defects or obstacles specified in § 278 of this Act, the lessee may set a term therefor a format which can be reproduced in writing and warn the lessor that, if the defects or obstacles are not removed, the lessee will deposit the rent which falls due after expiry of the term pursuant to the provisions of § 120 of this Act. The lessee shall notify the lessor of such deposit in a format which can be reproduced in writing.

(2) The lessor may demand payment of the deposited amount if the lessee does not file a claim specified in subsection (1) of this section against the lessor with a lease committee or court within 30 days as of the time when the first rent deposited becomes collectable.

[RT I 2002, 53, 336 – entry into force 01.07.2002]

  • 299. Increase in rent in case of lease contract for unspecified term

(1) In the case of a lease contract for an unspecified term, it is presumed that the lessor may raise the rent as follows:

1) upon the lease of immovables, ships entered in the ship register and aircraft entered in the Estonian aircraft register, after each six months as of entry into the contract;

2) upon the lease of furnished rooms or separately leased parking places, places in garages and the like, each month as of entry into the contract.

(2) The lessor of a dwelling shall notify the lessee of any increase in the rent in a format which can be reproduced in writing not later than 30 days before the increase in the rent and shall provide the reasons therefor. The notice shall clearly set out the following:

1) the extent of the increase in the rent and the new amount of rent;

2) the date as of which the rent is increased;

3) the reasons for increasing the rent and a calculation of the rent;

4) the procedure for contesting the increase in the rent.

(3) An increase in the rent is void if the lessor does not give notification thereof in the manner and form specified in subsections (1) and (2) of this section or warns the lessee that the lessor will cancel the lease contract if the increase in the rent is contested.

(4) Even if it is agreed in the lease contract that the lessor may unilaterally amend the terms and conditions of the contract not related to the amount of rent, the provisions of subsections (1) to (3) of this section apply if the lessor unilaterally amends the contract terms to the detriment of the lessee, particularly if the lessor reduces the services hitherto provided to the lessee or imposes new accessory expenses on the lessee.

[RT I 2002, 53, 336 – entry into force 01.07.2002]

  • 300. Agreement on periodical increase in rent of dwelling

An agreement on a periodical increase in the rent of a dwelling is valid only if:

1) the lease contract is entered into with a term of at least three years and

2) the rent increases not more than once a year and

3) the extent of the increase in the rent or the basis for calculation thereof are precisely determined.

  • 301. Excessive amount of rent for dwelling

(1) The rent for a dwelling is excessive if unreasonable benefit is received from the lease of the dwelling, except in the case of a luxury apartment or house.

(2) The amount of the rent for a dwelling is not excessive if it does not exceed the usual rent for a dwelling in a similar location and condition.

(3) An increase in the rent is not excessive if it is based on an increase in the expenses incurred in relation to the dwelling or an increase in the obligations of the lessor or if the increase in the rent is necessary in order to make reasonable improvements or alterations, including improving the condition of a part of a leased room or building such that the room or building is in the usual condition for such rooms and buildings.

  • 302. Contestation of amount of rent for dwelling during period of validity of contract

(1) If a lessor receives excessive benefit due to significant changes in the bases for calculation of the rent, particularly a decrease in expenses, the lessee may contest the excessive amount of the rent for the dwelling and claim a reduction of the rent as of the submission of an application with a lease committee or court.

(2) A lessee shall submit a request for reduction of the rent in a format which can be reproduced in writing to the lessor, who shall notify the lessee of the opinion of the lessor concerning the request 30 thirty days.

(3) If a lessor does not consent in full or in part to the reduction of the rent or does not respond to the request of a lessee specified in subsection (2) of this section within the prescribed term, the lessee may file a claim for reduction of the rent with a lease committee or court within 30 days as of the expiry of the term for responding.

[RT I 2002, 53, 336 – entry into force 01.07.2002]

  • 303. Contestation of increase in rent for dwelling

(1) A lessee may contest an excessive increase in the amount of the rent for a dwelling as defined in § 301 of this Act within 30 days as of informing the lessee thereof.

(2) Even if it is agreed in the lease contract that the lessor may unilaterally amend the terms and conditions of the contract which are not related to the amount of rent, the lessee may, within the term provided for in subsection (1) of this section, contest an amendment made unilaterally by the lessor to the detriment of the lessee, particularly any reduction of the services provided to the lessee or the imposition of new accessory expenses on the lessee.

  • 304. Lease claim upon change of ownership of leased thing

(1) Upon a change of the ownership of a leased thing, the acquirer may demand that the lessee pay rent as of the calendar month following the calendar month in which ownership is transferred. Any rent for the time before the transfer shall be paid to the former lessor.

(2) If, before a change of ownership, the lessor has disposed of a lease claim transferable to the acquirer of the thing, the claim applies to the acquirer only in so far as the acquirer is aware of the disposal of the claim upon the transfer of ownership.

(3) If the lessee has given security to the lessor of an immovable for performance of the obligations of the lessee, the security shall be transferred to the acquirer of the immovable upon transfer of the immovable.

(4) The provisions of subsections (1) to (3) of this section also apply correspondingly to the transfer of the rights and obligations arising from a lease contract if the acquirer of the leased thing transfers the thing or the thing is encumbered with a right of superficies or servitude.