Termination of a lease agreement without a notice period

Landlord’s right to terminate a lease agreement without a notice period

The landlord may terminate a lease agreement without a notice period only in situations provided for by law.

• The grounds for termination without a notice period are divided into situations where the lease agreement may be terminated immediately and situations where the tenant must first be given a written warning.
• The lease agreement may not be terminated without a notice period because of minor omissions or breaches.

The landlord may terminate a lease agreement without a notice period and without warning if the tenant

• fails to provide the agreed security deposit
• fails to pay the rent
• transfers the lease or otherwise allows another person to use the dwelling in violation of the law.

The landlord may terminate a lease agreement without a notice period after giving the tenant a written warning if the tenant

• uses the dwelling for a purpose or in a manner other than that agreed in the lease
• disturbs the neighbours or allows disruptive behaviour in the dwelling
• fails to take proper care of the dwelling
• breaches rules or regulations issued to maintain health or public order
• acts in a manner that provides another extremely compelling reason for terminating the lease agreement without a notice period.

If the tenant corrects their conduct without delay after receiving the warning, the landlord does not have the right to terminate the lease agreement without a notice period. If the same conduct is repeated, the landlord does not need to give a new warning before terminating the lease agreement without a notice period.

The warning must be served on the tenant in a verifiable manner. For more information, see Notices during the tenancy.

The most common ground for terminating a lease agreement without a notice period is non-payment of rent. If you have not paid the rent for two or three months, or if your payments are irregular all the time, this may give the landlord the right to terminate the lease agreement without a notice period.

Especially in a block of flats, there are always different types of noise, and you must tolerate other residents living normally in the building. However, if noise from an apartment disturbs other residents often and continuously, it may be possible to terminate the lease agreement without a notice period. Disturbing behaviour includes being noisy in general, frequently playing music or musical instruments loudly, and dogs barking continuously. Any noise in the night time is more likely to be regarded as disturbing behaviour.

Poor care of the apartment means, for example, that the structures and equipment of the apartment have been damaged or a harmful odor due to poor hygiene. For more information on the tenant’s responsibilities for taking care of the apartment, see the section Tenant’s obligations and liability.

Tenant’s right to terminate a lease agreement without a notice period

The tenant has the right to revoke the lease if, for example

• using the apartment for the purpose mentioned in the lease is an obvious health risk for the tenant
• the tenant does not have access to the apartment on the agreed date and this causes major inconvenience
• the apartment is not in the required or agreed condition at the beginning of the lease, or its condition becomes poor during the lease. The tenant can only cancel the lease if the poor condition has major importance and the landlord does not rectify it.
• the landlord starts large renovations and repairs in the apartment.

The tenant must prove that there is a health risk, for example by a statement from the municipal health authority. The tenant’s right to terminate a lease agreement without a notice period does not depend on the health risk being caused by any action of the landlord. On the other hand, the tenant only has the right to compensation if the landlord has been negligent.

The landlord must make the apartment available to the tenant on the date on which the tenant has the right to take it over. If this does not happen and the delay causes major problems, the tenant has the right to termination the lease. An example of major problems is if the tenant has nowhere to live, and the landlord does not organise an alternative temporary apartment.

The tenant can only terminate a lease agreement without a notice period because of the flat’s poor condition if the poor condition is significant. The defects must have a significant impact on living in the flat. Minor defects and inconveniences do not meet the criteria for termination. In addition, the tenant only has the right to terminate a lease agreement without a notice period if (s)he has asked the landlord to rectify the defects and the landlord does not do so as soon as possible or within the agreed time. Cases in which the lease can be cancelled for these reasons are rare. Usually, the landlord compensates for such situations by reducing the amount of rent.

Read more about when a rented apartment is in poor condition 

The landlord must inform the tenant about any major repairs or renovation work in the apartment at least six months before it begins. In this case, the tenant has the right, within 14 days of receiving this information, to terminate the lease agreement without a notice period by the date on which the landlord is permitted to begin the work. The right to terminate a lease agreement without a notice period applies only in cases of major repairs or renovations. If the repairs or renovations must be carried out straight away or they do not cause major problems or disturbance to the tenant, the tenant does not have the right to terminate the lease agreement without a notice period.

How do you terminate a lease agreement without a notice period?

The party exercising the right to terminate a lease agreement without a notice period must provide the other party with a written notice of termination. The notice must be served in a verifiable manner or by using two different electronic communication channels. For more information, see Notices during the tenancy.

The notice must include the reason for the cancellation and the the end date of the lease, if it does not end as soon as the notice is given.

If the lease agreement is terminated but the tenant does not move out by the date the landlord has set, the landlord must take the matter to court and get an eviction judgment. The landlord may not evict the tenant herself/himself or, for example, change the locks in the apartment.