Rental relationships in Estonia are built on trust, but even the best contract cannot fully eliminate problems.
What should you do if a tenant falls behind on rent, refuses to move out, or leaves their belongings inside the apartment?
In these situations, it is crucial to act legally and in a well-documented manner, because reacting too quickly or emotionally may ultimately work against the landlord.
At Brokerly, we have prepared a step-by-step guide on how to handle rental disputes calmly and lawfully — before the matter escalates to court.
1. Start Calmly and in Writing – Don’t Let Emotions Lead
Before acting impulsively, the first step should always be written and professional communication.
Many rental disputes are resolved simply because both parties begin communicating in a documented and factual way.
✅ Best practices:
- Communicate via email or written notice (Rendin, signed PDF, registered letter).
- Include supporting evidence where needed – invoices, bank transfers, photos.
- Avoid emotional or threatening language – a formal and calm tone is far more effective.
📌 If the tenant has not paid rent, first send a written reminder with a payment deadline (for example, 7 days).
If there is no response, proceed to the next step.
2. Review the Contract and the Law (Law of Obligations Act)
In Estonia, rental relationships are governed by the Law of Obligations Act (LOA / VÕS, §§ 271–339).
The lease agreement defines the rights and obligations of both parties, but if something is missing from the contract, the default provisions of the law apply.
Important points to review:
- Does the contract allow termination due to unpaid rent?
- Is it specified how and when the security deposit may be used?
- Does it regulate handover procedures and storage of belongings?
A properly drafted agreement significantly strengthens your legal position.
3. Unpaid Rent and Lease Termination
If a tenant fails to pay rent for two consecutive rental periods, this is generally considered a material breach of contract.
In such a case, the landlord may terminate the lease unilaterally, but this must always be done in writing and with a reasonable notice period.
Example notice:
“I hereby notify you that the lease agreement will be terminated 14 days after receipt of this notice due to unpaid rent for the periods [dates]. If the outstanding amount is not settled within this period, the agreement shall be deemed terminated.”
After this, the landlord may begin debt recovery proceedings or court action.
4. What Is a Payment Order and Why Is It Useful?
A payment order is a simplified court procedure used to recover debt quickly and cost-effectively.
In Estonia, it can be submitted electronically through the e-toimik.ee portal.
Steps:
- Submit the claim (rent, utilities, damages) together with evidence.
- The court sends the payment order to the tenant.
- If the tenant does not object within 15 days, it becomes an enforceable document.
- It can then be forwarded to a bailiff for enforcement.
In many cases, simply receiving an official payment order is enough to motivate the tenant to respond.
5. If the Tenant Refuses to Move Out – What Is Allowed and What Is Not
This is the most delicate situation.
Even if the tenant is not paying rent and no longer has a valid legal basis to stay, the landlord may not forcibly enter the apartment or change the locks.
⚠️ Prohibited actions:
- entering without the tenant’s consent,
- changing the code of an electronic lock,
- disconnecting electricity or water,
- removing the tenant’s belongings.
These actions may qualify as unlawful entry or unlawful interference with possession, and may even lead to criminal liability.
The only lawful route is:
- terminate the lease in writing;
- file an eviction claim in court;
- after a court decision, enforcement is carried out by a bailiff, not by the landlord.
6. Electronic Locks and Landlord Rights
If the apartment uses a smart lock (Yale, Nuki, Valnes, Hikvision, etc.), the same legal principles apply as with a traditional lock.
Changing the access code before the tenant’s lawful possession has ended is legally considered blocking access and may be treated as unlawful interference.
The code may only be changed after:
- the tenant has moved out voluntarily,
- or the tenant has been legally evicted,
- and the apartment has been formally handed over.
Before that, access may be monitored through entry logs, but not blocked.
7. Tenant’s Belongings Left Behind – Storage and Disposal
If the tenant leaves belongings behind, the landlord must act in accordance with the law.
This means:
- The items may not be thrown away immediately.
- The tenant must be notified and given a reasonable deadline (for example, 30 days).
- If the tenant does not respond, the landlord may store or dispose of the items.
💶 Typical storage fees:
- €3–10 per day (small apartment or storage unit)
- disposal cost €50–150 depending on volume
A useful lease clause could be:
“If the tenant has not removed their personal belongings within 7 days after the end of the lease, the landlord shall be entitled to store such items at the tenant’s expense (€5/day) and dispose of them after 30 days.”
8. When to Involve a Bailiff or the Police
- A bailiff becomes involved after a court judgment or payment order and handles lawful enforcement and eviction.
- The police may intervene only in cases involving violence, property damage, or public order issues, not in ordinary civil rental disputes.
9. How to Prevent These Situations
The best way to avoid rental disputes is prevention from the very beginning:
- perform a thorough tenant background check
- use a handover protocol with photos
- include detailed clauses on deposit, storage, and electronic access
- keep all communication in writing
In Brokerly’s practice, these measures have reduced problematic tenancy cases almost to zero.
🧾 Conclusion
In rental disputes, the most important thing is to act legally, calmly, and with proper documentation.
If a tenant does not pay and refuses to move out:
- Send a warning and give a deadline.
- Terminate the lease in writing.
- Initiate a payment order or eviction proceedings if necessary.
- Never enter the apartment or change access codes without legal grounds.
- If belongings are left behind, store them with notice and charge reasonable fees.
A lawful, documented, and calm approach protects the landlord and ensures the tenancy ends properly.
