Expert Advice: How to Get Rid of a Malicious Tenant?
Renting out an apartment can turn into a real nightmare if the tenant constantly falls behind on rent and on top of that refuses to leave the premises. How can you avoid such situations or terminate the contract correctly? Advice is given by ERGO insurance representative Maiko Kalvet.
Most problems arise when preliminary work on renting out the apartment is left undone and the rental relationship is not properly formalized. The statistics from legal expense insurance clearly show that landlords are increasingly struggling with malicious tenants, not the other way around. Therefore, it is worth taking more trouble to protect yourself and your property rather than just relying on luck.
The contract should be treated seriously
Once a prospective tenant is found, before formalizing the contract, you should ask the potential tenant to provide their payment default report. Renting out your apartment to a chronic debtor is clearly inviting trouble, even if they promise to pay good rent. You should also verify the tenant's details based on their ID card or passport and include their personal identification number, document number, and other information in the rental contract.
It is essential to always conclude a written rental contract that clearly states the obligations of both parties, the rental amount and payment deadline, and matters related to utilities. It is advisable to conclude the contract for a fixed term without automatic renewal. To avoid disputes, a handover-acceptance act should be concluded when handing over the keys, which should include a description of the apartment's condition with photos, an inventory of furnishings (furniture, household appliances, etc.), and meter readings.
Financial measures to prevent problems
Rental payments should definitely be requested monthly and in advance, otherwise the last month's rent can easily go unpaid. To avoid disputes over damage to the apartment and missing furnishings, it would be advisable to ask the tenant for a security deposit, for example in the amount of one month's rent. In case of problems, you can then use this to fund repairs or purchase new furnishings. However, if there are no issues, this amount is returned to the tenant.
Regarding utility payments, it is wise to keep the upper hand. Have all possible bills sent to your email and pay them yourself, adding utility costs to the rental amount. If paying utilities is left to the tenant's care, it is not uncommon for the tenant not to pay and later you as the owner have to pay the debt along with penalties. Getting such a debt back from the tenant afterwards is possible, but troublesome and time-consuming.
The law is on the tenant's side
If the tenant is truly malicious, refuses to leave despite owing rent, and even changes the apartment locks, getting rid of them promises to be a trial, because Estonian law is very much on the tenant's side. Definitely do not recommend solving things through self-help – there have been cases where overly forceful action has resulted in the landlord being criminally convicted for illegal eviction.
The possibilities of seeking police assistance against a terrorizing tenant are relatively limited, since it is usually a civil dispute, which the police cannot deal with. A civil dispute requires that the debt and apartment release must be demanded in court. Considering that court proceedings can last for years, you should not expect a quick resolution. Without a valid legal expense insurance contract, you will have to pay hundreds of euros in court fees and often hire a legal representative to ensure documents are properly prepared. In collecting rental debt, you can get help faster and with lower costs through an order for payment in expedited proceedings, but there is no remedy against malicious tenant eviction. Only after a court judgment becomes final can you request help from a bailiff to get rid of the tenant and recover the debt if the latter has not complied with the judgment on their own. It is questionable whether the ultimately costly path of paying thousands of euros to get a malicious debtor out of your apartment is fair. However, it is legal.
Can you really allow a stranger to live in someone else's apartment?
If a fixed-term rental contract has ended, you can still try to get police help to access your apartment and get rid of the tenant. Namely, paragraph 266 of the Criminal Code describes unlawful entry into a building, premises, vehicle, or fenced area against the will of the holder or the failure to comply with the holder's request to leave. If you succeed in proving that the tenant's conduct contains the elements of a crime, they may face a fine of up to 1,200 euros or arrest.
However, using criminal law tools to get rid of a tenant terrorist can be relatively complicated. Definitely, before contacting the police, you should prepare documentation regarding the apartment ownership, the end of the rental relationship, and non-compliance with the legal eviction request. It would also be helpful to ask a lawyer for help in drafting a criminal complaint and communicating with the police, because otherwise you may be refused and it may be claimed that it is a civil dispute.
