How to Get Rid of a Malicious Tenant
Renting out an apartment can become a real nightmare if a tenant constantly falls behind on payments and refuses to vacate the premises. How to avoid such situations or properly terminate the contract is written by Maiko Kalvet, portfolio manager of ERGO legal expense insurance.
Most problems arise when preliminary work on apartment eviction is not done and the rental relationship is not properly documented. Legal expense insurance statistics show that landlords are increasingly struggling with malicious tenants. Therefore, to protect yourself and your property, it's worth doing rather more than simply hoping for luck.
Conclude a written contract
A written rental agreement should clearly specify the obligations of both parties, the amount of rent and payment deadlines, as well as matters related to utility payments. To avoid disputes, when handing over keys, a handover-acceptance certificate should be drawn up, which should contain a description of the apartment's condition along with photographs, an inventory of contents (furniture, appliances, etc.), and meter readings.
Financial measures to prevent problems
Rent should definitely be collected monthly and in advance, otherwise the last month's rent can easily be lost. To avoid disputes over damage caused to the apartment and missing furnishings, it would be worth asking the tenant for a security deposit, for example in the amount of one month's rent. In case of problems, this can then be used to finance repairs or purchase new furnishings. However, if there are no issues, the deposit is returned to the tenant.
Have all possible bills sent to your email and pay them yourself, adding utility payments to the rent amount. If paying utility bills has been left to the tenant's responsibility, it is not uncommon for the tenant not to do so, and later the landlord must pay the debt along with penalties. Getting the tenant to repay this debt afterwards is possible, but troublesome and time-consuming.
The law is on the tenant's side
However, if the tenant is truly malicious, refuses to leave despite owing money, and even changes the apartment locks, getting rid of them can become a trial, because Estonian law is very much on the tenant's side. Opportunities to seek police help against a terrorizing tenant are relatively limited, because in most cases it is a civil dispute that the police cannot handle. A civil dispute requires that the debt and apartment eviction be claimed in court. For residential property located in Tallinn, it is also possible to contact the Tallinn Rental Commission. Considering that court proceedings can last for years, one should not expect a quick solution. Without a valid legal expense insurance contract, in addition, you will have to pay hundreds of euros in court fees and often hire a legal representative to ensure the documents are properly prepared. In collecting rental debt, faster help with lower costs can be obtained from expedited proceedings for payment orders, but there is no remedy against evicting a malicious tenant. Only after a final court or rental commission decision can you ask a court bailiff for help in getting rid of the tenant and collecting the debt if the latter has not complied with the decision once it becomes final. It is questionable whether the costly path of removing a malicious debtor from your apartment, which can cost thousands of euros, is fair. However, it is legal.
ERGO legal expense insurance helps in situations where the insured person or their family has been treated unfairly and this comes with financial costs or lost compensation. The insurance provides guidance on how to act in the situation that has arisen, covers costs related to legal assistance, and protects your rights in court. Learn more about legal expense insurance here.
