Published: 2015-07-01
Key Benefits:
Passed 23.04.1992
RT 1992, 17, 254
Entry into force 01.07.1992
| 23.03.1994 | RT I 1994, 28, 426 | 24.04.1994 |
| 11.05.1994 | RT I 1994, 40, 653 | 16.06.1994 |
| 22.02.1995 | RT I 1995, 30, 380 | 31.03.1995 |
| 24.05.1995 | RT I 1995, 53, 846 | 25.06.1995 |
| 06.06.1996 | RT I 1996, 42, 811 | 01.10.1996 |
| 10.06.1998 | RT I 1998, 60, 953 | 06.07.1998 |
| consolidated text on paper RT | RT I 1998, 71, 1199 | |
| 15.11.2000 | RT I 2000, 88, 576 | 29.11.2000 |
| 09.10.2001 | RT I 2001, 85, 509 | 01.01.2002 |
| 14.11.2001 | RT I 2001, 93, 565 | 01.02.2002 |
| 05.06.2002 | RT I 2002, 53, 336 | 01.07.2002 |
| 22.01.2003 | RT I 2003, 15, 86 | 01.07.2003 |
| 09.06.2004 | RT I 2004, 53, 368 | 01.01.2005 |
| 20.07.2004 | RT I 2004, 85, 577 | 26.12.2004 |
| 02.12.2004 | RT III 2004, 35, 362 | 02.12.2004 |
| 18.02.2015 | RT I, 23.03.2015, 3 | 01.07.2015 |
§ 1. – § 6. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
(1) The following belong to the powers of the Government in regulating housing relationships:
1) [repealed - RT I, 23.03.2015, 3 - entry into force 01.07.2015]
2) determination of socially justified standards for dwellings and specifications for application thereof;
3) [repealed - RT I 2004, 85, 577 - entry into force 26.12.2004]
4) [repealed - RT I 1998, 60, 953 - entry into force 16.07.1998]
5) resolution of other matters assigned to the powers of the Government by law.
(2) The establishment of the procedure for possession, use and disposal of dwellings in state ownership belongs to the powers of the Government.
The following belong to the powers of a local government council in regulating housing relationships in the administrative territory of the local government council:
1) establishment of the procedure for keeping records of persons who have no dwelling or right to use a dwelling and persons who need assistance in improving their living conditions;
2) establishment of the procedure for possession, use and disposal of dwellings in municipalownership, and maintenance and repair rules;
3) [repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
4) resolution of other matters assigned to the powers of the local government council by law.
§ 9. – § 13. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
§ 14. – § 19. [Repealed - RT I 2004, 53, 368 - entry into force 01.01.2005]
§ 20. [Repealed - RT I 1998, 60, 953 - entry into force 16.07.1998]
§ 21. – § 261. [Repealed - RT I 2004, 53, 368 - entry into force 01.01.2005]
§ 27. [Repealed - RT I 1994, 28, 426 - entry into force 24.04.1994]
§ 28. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
§ 29. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
§ 30. [Repealed - RT I 1998, 60, 953 - entry into force 16.07.1998]
§ 31. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
(1) A lessee who has performed the contractual obligations as required has the preferential right to enter into a new lease contract upon expiry of the term of the contract, except in the cases provided for in § 33 of this Act.
(2) If neither of the parties notifies the other party in writing of termination of the lease contract or entry into a new lease contract before the expiry of the term of the lease contract, the contract is deemed to be extended for five years unless otherwise prescribed by the contract.
(3) If a lessee, regardless of the proposal made by the lessor before the expiry of the contract, circumvents the entry into a new contract but continues to use the dwelling, the lessor has the right to recourse to a court for entry into a new lease contract or termination of the contract within three months after delivering a written notice. If such right is not exercised, the lease contract is deemed to
be extended for the term indicated in the initial contract. The provisions of subsection (1) of this section shall not apply to the extended contract.
(4) This section applies, upon expiry of the five-year term of a residential lease contract specified in subsection 121 (3) of the Principles of Ownership Reform Act, to the single extension of such lease contract or entry into a new lease contract.
[RT I 2002, 53, 336 - entry into force 01.07.2002]
(1) Upon expiry of the term of the contract, the lessor may contest in court the preferential right of the lessee to enter into a new contract (subsection 32 (1)) if:
1) the lessee repeatedly failed to perform his or her contractual obligations or violated the terms and conditions of the contract;
2) the leased dwelling is needed for the lessor or his or her family members to live in;
3) the object of the lease contract is excluded from the category of dwellings in connection with conversion into non-residential premises or because of natural wear and tear or if it was not preserved, or was reduced or enlarged significantly, during the renovation;
4) the lease contract was entered into for a term not exceeding one year with the obligation to vacate the dwelling after the expiry of the term of the contract;
5) the lessee has no valid residence permit.
(2) If a court makes a judgment on the refusal to enter into a new lease contract on the bases prescribed by subsection (1) of this section, the lessee and the persons living together with him or her are subject to eviction without providing another dwelling if they refuse to move out. In the case of eviction pursuant to clause (1) 3) of this section, the local government is obligated to provide an
equivalent dwelling if the dwelling from which the person or persons are evicted is in state or municipal ownership.
(3) Upon expiry of a lease contract, a court may evict the lessee, who had a lease contract in force at the time of return of the dwelling, and the persons living together with the lessee on the basis of clauses (1) 2) and 3) of this section only if one of the following conditions is fulfilled:
1) a state agency or the rural municipality or city government provides another equivalent dwelling for the lessee and persons living together with him or her;
2) a state agency or the rural municipality or city government or the lessor reach an agreement with the lessee and the persons living together with him or her for providing a suitable dwelling for them. The agreement may also be an agreement on payment of monetary compensation for vacating the
current dwelling. The agreement shall be notarised.
(4) The lessee and the persons living together with the lessee are required to vacate the dwelling in their use at the request of the lessor if one of the conditions provided for in clause (3) 1) or 2) of this section is fulfilled.
(5) If the local government is unable to provide another dwelling, the state shall allocate funds for construction or purchase of appropriate dwellings. The procedure for application for and allocation of funds shall be established by the Government of the Republic.
(6) This section applies upon expiry of the five-year term of a residential lease contract provided for in subsection 121 (3) of the Principles of Ownership Reform Act.
[RT I 2002, 53, 336 - entry into force 01.07.2002]
§ 34. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
§ 35. – § 37. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
(1) A local government council has the right to establish limits on the amounts of rent payable for dwellings in municipal ownership within its administrative territory. A local government shall change the limits on the amounts of rent once every twelve months if the prices which influence rent have changed since the previous establishment of limits.
(2) [Repealed - RT I 2004, 85, 577 - entry into force 26.12.2004]
§ 372. – § 61. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
§ 62. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
§ 63. [Repealed - RT I 2003, 15, 86 - entry into force 01.07.2003]
§ 64. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
§ 65. This Act enters into force as of 1 July 1992. Upon entry into force of this Act, the Estonian SSR Housing Code is repealed.
§ 66. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
§ 67. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
§ 68. Legal persons who own or use staff dwellings and collective residences shall submit proposals to declare these to be employer's dwellings pursuant to § 58 of this Act to the rural municipality or city government of the registered office at the latest by 1 June 1992. As of 1 July 1992, the provisions of Chapter 2 of Part IV of this Act shall apply to staff dwellings and collective residences which have not been included in the category of employer's dwellings, and lease contracts shall be deemed to be entered into for five years with the lessees living therein.
1) occupation of vacated dwellings pursuant to § 43 of the Estonian SSR Housing Code. Occupation of the specified dwellings shall be decided on by their owners and possessors;
2) judicial proceedings in a claim for amendment of a residential lease contract on the basis of §§ 44 and 86 of the Estonian SSR Housing Code. Court judgments in such matters which have not been executed by that time shall not be subject to execution;
3) judicial proceedings in matters of eviction from dwellings on the basis of clauses 92 (1) 1) and 3) and § 96 of the Estonian SSR Housing Code. Court judgments in such matters which have not been executed by that time shall not be subject to execution.
1) establish the procedure for leasing of state-owned residential buildings and dwellings as of 1 July 1992;
2) submit proposals to bring Acts in force in the Republic of Estonia into conformity with this Act to the supreme body of power of the Republic of Estonia by 1 June 1992;
3) bring its legislation into conformity with this Act.
§ 71. Local government councils shall determine the procedure for resolution of matters belonging to their powers on the basis of § 8 of this Act and for leasing of the dwellings in their ownership by 1 July 1992.
§ 72. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]
§ 73. The rights of the lessees who lived in the dwellings returned in the course of ownership reform on the date of return are regulated by this Act with the specifications provided for in § 121 of the Republic of Estonia Principles of Ownership Reform Act. The specifications apply until the expiry of the term provided for in subsection 121 (3) of the specified Act.
