Rental agreements made simple

A tenancy agreement gives a thing to someone else to use for a fee (LOA § 271). A lease (rendileping) also gives the right to take the fruits of the thing, for example the harvest of leased farmland (LOA § 339). “Renting” a flat, a car or a device is, in the sense of the law, usually a tenancy agreement.

A written contract is the only reliable evidence of what was agreed. For a dwelling the form also has a direct consequence: if a residential tenancy agreement for more than a year was not made in writing, it is deemed to be open-ended (LOA § 274). Who bears the running costs and the building's maintenance costs must be agreed at least in a form that can be reproduced in writing (LOA § 292). A digitally signed contract is equal to one signed on paper.

In a residential tenancy agreement, up to three months' rent. The tenant may pay it in equal instalments over three months, the first after the contract is made (LOA § 308). For commercial premises the law sets no such limit.

The landlord may cover claims arising from the contract from the deposit, for example unpaid rent or damage beyond normal wear and tear. If they have not notified a claim within two months after the contract ends, the tenant may demand the deposit back (LOA § 308). Demand it in writing. If that does not help, you can turn to the rent committee or a court. A handover report with photos made at the start and end of the tenancy is the most important evidence in such a dispute.

Only if it was agreed in a form that can be reproduced in writing when the contract was made, and even then to a reasonable, proportionate and foreseeable extent. If the tenant bears the costs of improving the building, the landlord cannot raise the rent because of the same improvements (LOA § 292 (1¹)).

Only by agreement, by extraordinary termination for good reason, or if the contract itself allows ordinary termination. If you want out of a fixed-term contract early and it has no such clause, the most realistic way is an agreement, for example by offering to find a new tenant yourself.

In two cases. First, if the tenant keeps using the premises after the term and neither party expresses a different intention within two weeks. Second, if, for a residential tenancy agreement made for at least two years, neither party gives notice at least two months before the end of the term that they do not wish to extend it (LOA § 310).

A sale does not end the tenancy agreement: the new owner takes the landlord's place and the contract continues on the same terms. The new owner may terminate a tenancy of residential or commercial premises within three months only if they urgently need the premises themselves, and even then with the statutory notice. This condition does not apply if the flat is sold in enforcement or bankruptcy proceedings (LOA § 323).

The tenant must let the landlord inspect the premises when this is needed to preserve them, sell them or show them to a new tenant. The landlord must give notice of this in good time and take the tenant's interests into account (LOA § 283). Entering the flat without the tenant's consent and without notice is not allowed.

Extending a fixed-term tenancy agreement has to be agreed, and the safest way is to put it in writing as an annex to the contract with a new end date. If this is not done and the tenant stays on after the term, the contract may become open-ended (LOA § 310).