Start with a conversation, not threats
Most delays are temporary: a shifted payday, a forgotten bill. Call or write right after the first late payment and agree a specific payment date in writing, even by text message, so there is a record. An early, calm reaction keeps the relationship working and stops the debt growing.
A written warning and notice
The Residential Tenancy Law lets the landlord end the lease when rent arrears exceed two months’ rent (unless the lease allows a larger amount) or utilities are overdue for more than two months. The tenant must be warned in writing at least one month in advance.
- State the unmet obligation, the period of delay, the amount owed and the consequences, namely that the lease will be terminated and you will go to court.
- Send it to the address given in the lease, including email, or have a sworn bailiff serve it: the date in the bailiff’s act then counts as the date of receipt.
- Keep proof that you sent it: the court will need it.
Send the warning to the address or email given in the lease, or have a sworn bailiff serve it, and keep proof.
Written warning
WARNING AND NOTICE OF TERMINATION OF THE LEASE Dear [tenant’s name], Under our residential lease of the apartment at [address], you are obliged to pay rent in the amount and by the dates set in the lease. This obligation has not been met: rent has not been paid starting with the payment due on [date]. The debt is [amount]. Under Article 24 of the Residential Tenancy Law, I give notice of termination of the lease. The lease ends on [date], and you must vacate the apartment by that day. If the debt is not paid and the apartment is not vacated, I will apply to court for eviction and recovery of the debt. Kind regards
Eviction: the fast or the ordinary route
If the tenant has not moved out when the notice period ends, eviction is possible only by a court decision carried out by a bailiff. The route depends on how the lease was made.
- Fast-track undisputed eviction: if the lease is entered in the Land Register or notarised and states the tenant’s duty to vacate if rent is not paid, apply to the district (city) court where the property is. Attach the lease, proof that the state fee was paid and proof that the warning was served.
- A judge decides within 7 days without a hearing, and the decision is enforceable at once. If the flat must be vacated before the lease term ends, the tenant gets two months to leave voluntarily. The tenant can dispute the debt in a lawsuit within six months.
- State fee for the undisputed application: €80 for the eviction, and a sliding scale for the debt starting at €5.
- Ordinary lawsuit: if the lease is neither registered nor notarised, you must sue for termination, eviction and the debt. The state fee for the eviction claim is €80, and the case can take much longer, even several years.
- The enforcement document goes to a sworn bailiff (state fee €3). The bailiff’s fee for an eviction is €160 for the first hour and €62 for each further full hour, plus enforcement expenses.
For the exact procedure see the Civil Procedure Law. When in doubt, have a lawyer check the warning and the application: a mistake can add months to the process.
What NOT to do
Do not change the locks or block the tenant’s access: the tenancy stands until the lease has ended.
Do not cut heating, power, water, sewerage or waste collection: it is an administrative offence with a fine of up to 280 fine units for a private person.
Do not remove the tenant’s belongings or make threats: anything in writing can later work against you in court.
If the tenant stays after the lease has ended, they owe damages and payment for using the flat, but only a bailiff acting on a court decision can evict them.
Recovering the debt and the deposit
At the end of the lease the deposit can cover payments the tenant still owes under the lease, and you must tell the tenant at once. If the lease allows it, the deposit can be used during the lease too. The remaining debt can be recovered in court.
- Warning procedure: for a documented debt up to €15,000, filed online only. The debtor has 30 days to pay or object; without an objection the decision is enforceable at once. Not available if the debtor has no declared residence in Latvia or if the debt is joint and several, for example several co-tenants.
- Simplified procedure: for claims where the principal debt does not exceed €3,000, with a standard claim form and usually in writing.
- Both routes recover money only; they do not get the flat back.
- Once the lease has ended, the former tenant’s declared residence can be annulled by applying to the municipality.
How much does the deposit cover?
- Debt
- 1,500 €
- From the deposit
- 500 €
- To recover
- 1,000 €
The debt exceeds two months’ rent: you have grounds to end the lease with at least one month’s notice.
Next time: prevention
The best protection is the right tenant and a properly drawn-up lease: tenant checks, a deposit of up to two months’ rent, a written lease with a duty to vacate and a handover act, a Land Register entry and a market-rate rent: see real rent levels in your area. A real estate agent can do the tenant checks and the lease for you; the commission is usually 50% of one month’s rent, often paid by the tenant.