Residential lease basics
In a residential lease, any term that leaves the tenant worse off than the law does is void. If the flat is sold, the lease carries on with the new owner. Family — spouse, children, parents unable to work — can move in without the landlord's consent unless the lease expressly requires it.
What the law protects in every lease
Terms of a residential lease that put the tenant in a worse position than the law are void (VÕS § 275) — even if you signed them.
A tenant cannot be fined for late payment. For a material non-financial breach a contractual penalty can be agreed — no more than 10 % of the monthly rent per breach and no more than 20 % a month (VÕS § 287).
Who can live in the flat
A tenant can move in their spouse, registered partner, minor children and parents unable to work without the landlord's consent, unless the lease expressly requires consent (VÕS § 289).
A tenant can transfer the lease to someone else only with the landlord's written consent (VÕS § 290).
Landlord visits and selling the flat
The tenant must let the landlord inspect the home when this is needed to look after it, to sell it or to let it again (VÕS § 283).
Selling the flat does not end the lease: the landlord's rights and obligations pass to the new owner (VÕS § 291).
When these rules do not apply
The residential lease rules do not apply to holiday or hotel stays of up to 3 months, or to a room in a home where the landlord lives and which they furnished themselves (VÕS § 272).
Frequently asked questions
- What happens to my lease if the flat is sold?
- It does not end: the lease continues, and the landlord's rights and obligations pass to the new owner (VÕS § 291).
- Can the landlord come into the flat?
- The tenant must let them inspect the home when this is needed to look after it, sell it or let it again (VÕS § 283).
- Can I move my family into a rented flat?
- Yes: a spouse, registered partner, minor children and parents unable to work, without the landlord's consent, unless the lease expressly requires it (VÕS § 289).
- Can a landlord fine me for paying rent late?
- No, a tenant cannot be fined for late payment. A penalty is possible only for a material non-financial breach — up to 10 % of the monthly rent per breach and 20 % a month.
This is general information, not legal advice: in a dispute, talk to a lawyer or a notary.
Sources: Võlaõigusseadus (VÕS), Riigi Teataja, действует с 01.09.2026. Checked on 26 Oct 2026.
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