Every person has the right to free self-realisation but no one can use one’s property against public interest. A person may not use his/her property, including immovable property, in a way that would significantly keep others from using their (immovable) property.
If you have problems with neighbours
- Talk to your neighbours. Let them know that you have noticed and resent the violation of your rights.
- If the violation continues and you are quite convinced that the fault lies with your neighbour, send your neighbour a letter and keep a copy of it. Inform him/her that you are aware of the violation and that it must stop. Indicate your intentions – to sue your neighbour, report him/her to the police or do something else. If traces of the violation are left behind (broken items, trash on the balcony, etc.), take pictures of the situation and keep them to use them later as evidence of a recurrent violation.
- The police may be called in case of disturbances, vandalism, or theft. The Law of Property Act grants every person the right to force (not exceeding the limits of self-defence) all unlawfully entered persons off his/her immovable property and to remove a stolen item from the hands of a thief.
- Consult a lawyer and file a statement of claim with a court, demanding that the violations be stopped, new violations avoided and damages compensated. Ensure that you have sufficient and varied evidence to prove the violation and the incurred damages in court.
- Inform officials or the local government about any illegal activities.
If you have problems with lessees
- If the lessee, in spite of the lessor’s warning, breaches the obligation to use the thing with care and in accordance with its intended purpose, and if the lessee does not pay the rent (and accessory expenses, if left to the lessee), the lessor is entitled to extraordinary cancellation of the lease contract. The lessor also has the right to an extraordinary cancellation if the lessee does not take into consideration, to a significant extent or intentionally, the interests of other residents and neighbours.
- For cancellation, the lessor must submit an application to the lessee for extraordinary cancellation of the lease contract by any means which leaves a written record (e.g. by e-mail). The lessor’s notice of cancellation shall contain information on the leased thing, the date of termination of the contract, the basis for cancellation and, in the case of cancellation of a residential lease contract, the procedure and term for contesting the cancellation.
- There are different terms and conditions for giving a notice of cancellation for different violations. The lessor may cancel the contract due to the lessee’s late payment if the tenant is late in paying the rent, accessory expenses, or a substantial part thereof for 2 consecutive payment dates, or the rent due exceeds the rent due for 2 months, or the amount of accessory expenses owed exceeds the amount of accessory expenses payable for 2 months. The lessor must also provide the lessee with an additional period (minimum 14 days) to fulfil their obligation. Termination is precluded if the lessee performs their obligations before cancellation. If the lessee violates the duty of careful and purposeful use of the thing or the obligation to take into account the interests of the tenants and neighbours, the lessor must give at least 30 days’ notice to the lessee. However, this time limit need not be met if the lessee intentionally damages the dwelling or business premises. The lessee may contest the cancellation of the lease contract in court or in the lease committee.
- If the contract has been cancelled and the lessee has been required to return the thing (release of the dwelling) but the lessee has not done so, the lessor must turn to a court. For this purpose, a statement of claim must be filed with the court to return the leased thing. A lawyer should be hired to have the statement of claim prepared.
The State Portal eesti.ee does not provide legal assistance, European e-Justice portal provides information on justice systems.