Dwelling Act

Link to law: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/501072015010/consolide
Published: 2015-07-01

Dwelling Act

Passed 23.04.1992
RT 1992, 17, 254
Entry into force 01.07.1992
Amended by the following legal instruments (show)

Passed
Published
Entry into force

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

Part I General Provisions 

§ 1. – § 6. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]

§ 7.  Powers of Government of Republic in regulating housing relationships

(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1) [repealed - RT I, 23.03.2015, 3 - entry into force 01.07.2015]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3) [repealed - RT I 2004, 85, 577 - entry into force 26.12.2004]
4) [repealed - RT I 1998, 60, 953 - entry into force 16.07.1998]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.

§ 8.  Powers of local government council in regulating housing relationships

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3) [repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]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.

Part II Use of dwelling based on right of ownership 

§ 9. – § 13. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]

Part III Use of dwelling as member of housing association (cooperative) 

§ 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]

Part IV Use of dwelling under residential lease contract 

Chapter 1 General provisions 

§ 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]

§ 32.  Preferential right of lessee for entry into new lease contract

(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]

§ 33.  Refusal to enter into new contract upon expiry of lease contract

(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]

Chapter 2 Rights and obligations of parties pursuant to residential lease contract 

§ 35. – § 37. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]

§ 371.  Limit on amount of rent
[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]

Part V Final provisions 

§ 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]

Part VI Entry into force and implementation of Act 

§ 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.

§ 69.  The following shall be terminated as of passing of this Act:


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.

§ 70.  The Government of the Republic shall:


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.

§ 74. [Repealed - RT I 2002, 53, 336 - entry into force 01.07.2002]

§ 75. [Repealed - RT I 2004, 85, 577 - entry into force 26.12.2004]
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