The Landlord’s Limited Right to Terminate a Residential Lease Contract: Estonian Law in Comparative Perspective

Ave Hussar, Irene Kull

Abstract


The article addresses the core question of striking balance between landlords’ and tenants’ interests in connection with the creation of security in tenancy relations. Secure tenancy relations are analysed in consideration of the need for stability. The piece elaborates on one aspect of secure tenancy, asking on what conditions the landlord has the right to terminate a tenancy contract for reasons other than factors stemming from the tenant’s sphere of risk, in the case of lease contracts concluded for both an unspecified and a specified term. This core question is addressed for the purpose of finding a position for Estonian regulation on a relative scale in comparison with Latvian, Lithuanian, German, Swiss, Finnish, and Swedish law. The authors provide an overview of legal regulation of tenancy relations in the countries compared, consider the most important policy questions involved, and develop a relative scale suitable for the various regulatory regimes compared in the article.

 


Keywords


Residential lease contract; secure tenancy; tenancy law; contract law; comparative private law; legal regulation

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DOI: https://doi.org/10.12697/JI.2016.24.08

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Journal DOI: https://doi.org/10.12697/issn1406-1082
ISSN 1406-1082 (printed matter)
ISSN 1406-5509 (online)

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