FLEXIBILITY OF RESIDENTIAL LEASE RELATIONS FROM THE TENANT’S PERSPECTIVE: ESTONIAN LAW IN A COMPARATIVE CONTEXT

Ave Hussar

Abstract


A certain degree of “default” flexibility in residential lease relations is important in guaranteeing the tenant’s right to free movement and facilitating mobility in the labour market; in other words, the tenant should enjoy a right to terminate the tenancy relationship without extensive adverse consequences. With this in mind, I will first elaborate the comparative analysis on the tenant’s right to terminate. Next, I will argue that tenants in Estonia have no real choice to opt for the flexibility needed without a trade-off in terms of stability, and why asymmetry of the parties’ right to terminate is recommendable. Finally, I propose considering Europe-wide best practices and the local socioeconomic environment, with draft amendments to Estonian tenancy law in order to meet needs.

Keywords


freedom of movement, comparative contract law, tenancy law, residential lease contract, right to terminate

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DOI: https://doi.org/10.13165/j.icj.2018.12.006

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