Tenant not paying rent — what to do in Estonia

Start with communication, not threats

Most payment delays are temporary: a shifted payday, a forgotten bill. Call or write at the first delay and agree a concrete payment date — in writing, even a text message, so there is a record. Early, calm reaction keeps the relationship working and the debt small.

A written warning with a deadline

If the agreement fails, send a written warning: the amount owed, a payment deadline, and a clear statement that you will terminate if the deadline passes. Before extraordinary termination the law requires giving the tenant a reasonable period to pay — at least 14 days is a safe minimum.

Extraordinary termination

If the debt grows, § 316 of the Law of Obligations Act gives the landlord the right to terminate extraordinarily — generally when the tenant is in material arrears (several months of rent) and the warning deadline has passed without payment. The termination must be written and reasoned.

The exact grounds and wording are in the statute — see the lease chapter of the Law of Obligations Act. When in doubt, have a lawyer check the notice first: a defective termination adds months to the process.

What NOT to do

• Do not change the locks or block access — even a tenant in arrears has protected possession.
• Do not remove belongings or cut heating/water as pressure.
• Do not make threats — anything written can later work against you in court.

If the tenant does not move out after the lease ends, eviction goes through a court (or lease-committee) decision and a bailiff — never self-help.

Recovering the debt and the deposit

Rent arrears and damage can be set off against the deposit. For the remainder, an undisputed debt suits the expedited payment-order procedure — faster and cheaper than a full lawsuit. In Tallinn and Harjumaa the lease committee also resolves rental disputes faster than court.

Next time: prevention

The best protection is the right tenant and a proper contract: background checks, a deposit, a written lease with a handover act, and a market-rate rent — see real rent levels in your area. An agent does the screening and the contract for you; the fee is one month's rent.

Frequently asked questions

When can I terminate for non-payment?

When the tenant is in material arrears and the deadline in your written warning has passed without payment (§ 316). The termination must be written and reasoned.

Can I change the locks if the tenant does not pay?

No. Self-help eviction and interfering with possession are illegal even against a tenant in arrears. Eviction requires a court decision and a bailiff.

Does the deposit cover the rent debt?

Yes — the deposit can be set off against arrears and damage. Any remainder can be recovered via the expedited payment-order procedure.