Rescindal of the rental contract
Rescindal of a rental contract
A rental contract can only be rescinded with legal grounds.
The tenant’s right to rescind the contract
In a nutshell:
The tenant has the right to rescind the contract, if:
1.) they do not get control of the apartment when agreed and it causes significant disadvantage to the tenant;
2.) the apartment’s condition doesn’t match what has been agreed on;
3.) the usage of the apartment causes apparent danger to the tenant;
4.) the tenant has lost control of the apartment or a significant part of it.
The tenant can rescind the rental contract, if they do not get control of the apartment on the date that has been agreed upon, and this causes significant disadvantage to the tenant. The contract can be rescinded before the agreed date of transfer of control, if it is clear the tenant won’t get control of the apartment on the agreed day. For example, in a case where there are renovations going on in the apartment.
The tenant has the right to rescind the contract, if the apartment’s condition is worse than what has been agreed upon. The right to rescind appears also, if the apartment’s condition worsens during the rental time and the landlord does not fix the problem in reasonable time after being notified about the problem. The problem needs to be significant enough; a small flaw does not give the right to rescind.
The tenant also has the right to rescind, when using the apartment causes apparent danger to the tenant’s or their close relative / spouse’s health. The tenant should be able to prove the danger, for example with a note from the city’s health inspector.
The right to rescind appears also in the case that the apartment or part of it has gone out of the tenant’s control and this has significant disadvantage to the tenant.
The landlord’s right to rescind a rental contract
The landlord can rescind the rental contract in following cases:
1.) The tenant neglects rental payments;
2.) The rental right is transferred without the landlords permission and against the rental act;
3.) The apartment is used in a different way than what has been agreed upon;
4.) The tenant uses or lets the apartment be used in a disturbing way;
5.) The tenant does not take care of the apartment; or
6.) The tenant acts against regulations for ensuring safety and health.
If the act which would give a rescind right has insignificant consequences, the rescind right does not appear.
Before using their right to rescind, the landlord should give a written warning to the tenant about the behaviour. If the case is of unpaid rent, no warning is needed.
Both parties to the rental contract have a right to rescind the contract if the deposit is not paid in reasonable time. The party, for whose security the deposit would be, has the right to rescind the contract.
The rescindal notice
The rescindal of a rental contract shall be done with a written notice, which has to be delivered evidentially. One can use the “saantitodistus” service at the postal office, or deliver the notice to the other party with a witness present and have both parties sign the notice. The notice should include the basis for rescinding, date to which the contract is rescinded to end at and the sender’s information.