In writing, always
The Residential Tenancy Law says a written lease is the tenant’s only legal basis for using the apartment. A verbal arrangement gives neither side certainty, and its content is almost impossible to prove in a dispute. The tenant is always a natural person; the landlord can be a private person or a company.
The lease can be amended only by written agreement of both parties, so a rent increase, an extension or a new occupant must also be put in writing.
What the lease must cover
The first five points are mandatory by law. You can also agree on the use of the apartment and fittings, subletting, pets, improvements and repairs. The law sets no rent cap or index: if you want to review the rent every year, write a specific method into the lease, such as a fixed percentage or the consumer price index.
If you will enter the lease in the Land Register or have it notarised, make sure the sixth clause states the tenant’s duty to vacate at the end of the term and if rent goes unpaid: only then is fast-track eviction available. More in what to do when a tenant does not pay.
- § 1
The apartment: address, area and description, plus the parties’ names and personal codes.
- § 2
Term: the start and end dates of the lease.
- § 3
Rent: the amount, how and when it is paid, and the conditions and procedure for changing it.
- § 4
Utilities: which services the tenant receives, their price, and how and when they are paid.
- § 5
Occupants: the people who will live with the tenant.
- § 6
Deposit and vacating: the amount, how it is returned, and the tenant’s duty to move out at the end of the term or if rent goes unpaid.
Residential lease agreement
Deposit rules
The deposit may not exceed two months’ rent and is paid as set out in the lease. One month’s rent is the most common in the market. At the end of the lease, the deposit can cover payments the tenant still owes under the lease, and the landlord must tell the tenant at once. The unused part is returned no later than the day the apartment is vacated, unless the lease says otherwise.
The lease may let the landlord use the deposit for overdue payments during the lease and require the tenant to top it up. A guarantor or a contractual penalty can be agreed in addition to, or instead of, a deposit. Describe compensation for damage clearly in the lease, because the law ties the deposit to payments provided for in the lease.
Is the deposit within the limit?
Allowed: 1 month’s rent. The cap is 1,000 €.
Term, notice and the Land Register
A lease is signed for a fixed term; the law sets no minimum or maximum. The tenant may end the lease at any time with at least one month’s written notice. The landlord may end it only on the grounds listed in the law, and there is no ground such as “I need the flat myself” or “I am selling”.
- The landlord’s grounds: damaging the apartment or using it for other purposes, occupants not named in the lease without the landlord’s consent, rent arrears above two months’ rent or utilities overdue for more than two months, and demolition or reconstruction of the building.
- For arrears or unauthorised occupants the landlord gives at least one month’s written notice, stating the unmet obligation, the period of delay, the amount and the consequences.
- The lease can be entered in the Land Register without a chancery fee: online at zemesgramata.lv with a secure e-signature, or with a notarised signature.
- If the apartment is sold, only a lease entered in the Land Register binds the new owner. An unregistered lease ends when the buyer registers ownership, and the tenant may have to leave within two months.
- A registered or notarised lease with a duty to vacate lets the landlord use fast-track undisputed eviction in court if rent goes unpaid.
If you have an older lease signed by 30 April 2021 that is not in the Land Register, check it: claims to register such a lease or bring it into line with the new law must be filed by 31 December 2026.
Unregistered lease
- ·Binds only the current owner
- ·If the flat is sold, it ends when the buyer registers ownership
- ·Eviction for arrears through an ordinary lawsuit
Entered in the Land Register
- ·No chancery fee, online with an e-signature
- ·Binds a new owner too, until the end of the term
- ·Fast-track undisputed eviction for arrears
The lease can end at the earliest on
—
Notice goes to the address given in the lease, including email, or is served by a sworn bailiff. The landlord may give notice for arrears only once they exceed two months’ rent. If the lease term ends sooner, the lease ends then.
The handover act
The law lets the parties draw up a handover and acceptance act at move-in and at move-out, and it is the most valuable document in a deposit dispute. Record the meter readings, the number of keys, the condition and any defects, and add photos. Without an act, a deposit dispute becomes your word against theirs.
If the rent is still open, check real rent prices in your area first: a correctly priced apartment finds a tenant faster. The practical steps are in the letting guide.
Handover act
APARTMENT HANDOVER AND ACCEPTANCE ACT (move-in) Apartment: …………………… Date: …………………… Meter readings: – Electricity, kWh: …… – Cold water, m³: …… – Hot water, m³: …… – Heating or gas: …… Keys: 2 pcs Condition and defects: …………………… Photos of the condition have been taken and shared with both parties. Landlord: …………………… Tenant: ……………………
If the tenant falls behind with payments, see what to do when a tenant does not pay.