The Saeima 1 has adopted and
the President has proclaimed the following law:
Residential Tenancy Law
Chapter I
General Provisions
Section 1. Purpose of the Law
The purpose of this Law is to promote housing availability by
ensuring a fair balance between the interests of the lessor of a
residential space and the tenant.
Section 2. Scope of Application of
the Law
(1) This Law governs the legal relationship between the lessor
of a residential space and the tenant, prescribing their general
rights, obligations and responsibility, the grounds for the
termination of legal relationship, and also the basic provisions
of a residential tenancy agreement.
(2) The Civil Law and other laws and regulations shall be
applicable to the legal relationship of residential tenancy
insofar as such relationship is not governed by this Law.
(3) This Law shall not apply to:
1) the use of residential space in non-residential buildings
owned by a public person or a capital company thereof;
2) the use of residential space in official accommodation
facilities and official residential space, except for the use of
official residential space owned by the State;
3) official residential space owned by the State which is
transferred for use to professional military service soldiers or
officials with special service rank of the institution in the
system of the Ministry of the Interior;
4) temporary (seasonal) use of residential space for leisure
and tourism needs.
Chapter II
Residential Tenancy Agreement
Section 3. Residential Tenancy
Residential tenancy is the transfer of rights of use of the
residential space to another person for a charge.
Section 4. Subject-matter of a
Residential Tenancy Agreement
An apartment (residential house) with at least one residential
space, and also auxiliary rooms - a kitchen or a kitchen niche
and sanitary space - shall be the subject-matter of a residential
tenancy agreement. A separate residential space, if there are no
auxiliary rooms in the apartment, or a residential space in the
apartment, if it is not a walk-through residential space,
(hereinafter - the residential space) may also be the
subject-matter of a residential tenancy agreement.
Section 5. Parties to a Residential
Tenancy Agreement
(1) The lessor may be any natural or legal person who is the
owner or possessor of the residential space, an estate within the
meaning of Section 382 of the Civil Law, a person who owns the
dwelling right if consent of the owner of the residential space
has been received, and also a local government if such local
government has obtained the relevant residential space for use on
a legal basis in accordance with the law On Assistance in Solving
Apartment Matters.
(2) The tenant of the residential space (hereinafter - the
tenant) shall be a natural person.
(3) A residential tenancy agreement may be concurrently
concluded with several tenants, transferring the residential
space thereto for common use.
Section 6. Grounds for the Use of
the Residential Space
A residential tenancy agreement concluded in writing shall be
the only grounds for the tenant to use the residential space,
whereas for the sub-tenant - a sub-tenancy agreement concluded in
writing.
Section 7. Conclusion of a
Residential Tenancy Agreement
A residential tenancy agreement shall be concluded in writing
between the lessor and the tenant.
Section 8. Provisions of a
Residential Tenancy Agreement
(1) The following provisions shall be included in a
residential tenancy agreement:
1) the address, area, and characteristics of the residential
space that is intended to be transferred for use;
2) duration of the residential tenancy agreement;
3) the amount of the rental payment of the residential space,
the arrangements and time period for the payment thereof, the
conditions and procedures for the modification of the rental
payment;
4) services related to the use of the residential space and
received by the tenant, the fee of such services, the
arrangements and time period for the payment thereof;
5) information on persons lodged in the residential space
together with the tenant.
(2) Other provisions may be also included in a residential
tenancy agreement whereof the lessor and the tenant have agreed
on, including the provisions regarding:
1) the use of the residential space (equipment, auxiliary
buildings, also the attached land of the building where the
residential space is located);
2) sub-tenancy of the residential space;
3) lodging of persons in the residential space rented by the
tenant;
4) any improvements, including repairs, in the residential
space.
(3) If the lessor and the tenant agree on notarisation
(notarial deed) of a residential tenancy agreement or on the
recording thereof in the Land Register, the obligation of the
tenant to vacate the rented residential space together with
family members and other persons lodged there before termination
of the agreement either due to expiration of the time period or
due to failure to settle the rental payment in the amount
specified in the agreement shall be determined in the residential
tenancy agreement, if the lessor, through exercising his or her
rights specified in law, applies to a court for undisputed
enforcement of obligations in accordance with the procedures laid
down in the Civil Procedure Law.
(4) Upon conclusion and termination of a residential tenancy
agreement, the lessor and the tenant may draw up the
transfer-acceptance act.
(5) The provisions of a residential tenancy agreement may be
amended on the basis of a written agreement between the lessor
and the tenant.
Section 9. Duration of a Residential
Tenancy Agreement
A residential tenancy agreement shall be concluded for a
definite period of time.
Section 10. Charge of a Residential
Tenancy Agreement
(1) The rental payment of the residential space shall be
determined on the basis of a written agreement between the lessor
and the tenant.
(2) Payments related to the use of the residential space may
also be included in the rental payment on the basis of a written
agreement between the lessor and the tenant.
(3) The rental payment may be modified during the period of
validity of a residential tenancy agreement if the conditions and
procedures for the modification of the rental payment are
provided for in such agreement.
Section 11. Payments Related to the
Use of the Residential Space
A residential tenancy agreement shall determine the procedures
for the settlement of payments related to the use of the
residential space.
Section 12. Security Deposit
(1) In order to ensure the fulfilment of the liabilities of a
residential tenancy agreement, the lessor, when concluding a
residential tenancy agreement, is entitled to request a security
deposit payment from the tenant which does not exceed the rental
payment of two months. The security deposit shall be paid in
accordance with the procedures and within the time period
specified in the residential tenancy agreement.
(2) If the tenant, upon expiry of a residential tenancy
agreement, owes the lessor any payments specified in the
residential tenancy agreement, the debt shall be extinguished
from the security deposit and the lessor shall, without delay,
notify the tenant thereof.
(3) It may be provided for in a residential tenancy agreement
that the lessor has the right to use the security deposit for
covering late payments specified in the agreement also during the
period of validity of the residential tenancy agreement, and also
to provide for the obligation of the tenant to restore the
security deposit used.
(4) If, upon expiry of a residential tenancy agreement, the
security deposit for ensuring the fulfilment of liabilities of
the agreement is not used or is used partially, the whole amount
of the security deposit or the remaining part thereof shall be
returned to the tenant not later than on the day when the
residential space is vacated, unless it is provided for otherwise
in the residential tenancy agreement.
(5) A residential tenancy agreement may provide for other
reinforcements of the liabilities of the tenant.
Chapter III
Rights and Obligations of the Lessor, the Tenant, and the Persons
Lodged in the Residential Space
Section 13. Right of the Tenant to
Use the Residential Space
The tenant has the right to use the residential space without
hindrance in conformity with the provisions specified in the
residential tenancy agreement.
Section 14. Right of the Tenant to
Lodge Family Members and Other Persons in the Residential
Space
(1) The tenant has the right to lodge his or her spouse and
their children or children of each spouse in the residential
space rented by him or her if the lessor has been informed
thereof in advance in writing.
(2) The person who, in accordance with Paragraph one of this
Section, has been lodged in the residential space rented by the
tenant shall be considered a member of the tenant's family.
(3) The tenant may lodge persons who are not referred to in
Paragraph one of this Section in the residential space rented by
him or her only after obtaining a written consent of the
lessor.
(4) Information on any person lodged in the residential space
rented by the tenant in accordance with the procedures laid down
in Paragraphs one and three of this Section shall be indicated in
the residential tenancy agreement.
Section 15. Right to Declare a Place
of Residence
The lessor shall not deny the tenant a possibility to declare
the rented residential space as his or her place of residence.
This provision shall also apply to the persons who have been
lodged in the residential space rented by the tenant in
conformity with the provisions laid down in Section 14 of this
Law.
Section 16. Rights and Obligations
of the Family Members of the Tenant and Other Persons Lodged
(1) A person has the right to use the residential space rented
by the tenant only if he or she has been lodged in the relevant
residential space in accordance with the procedures laid down in
Section 14 of this Law.
(2) The family members of the tenant and other persons lodged
in the residential space rented by him or her shall not obtain
independent right of use of this residential space. Upon expiry
of the right of the tenant to use the residential space, the
right of his or her family members and other persons lodged to
use this residential space shall expire as well.
(3) In case of death of the tenant, a family member of the
tenant who has been lodged in the residential space in accordance
with the provisions laid down in Section 14 of this Law, within
three months, has the right to request conclusion of a
residential tenancy agreement without changing the conditions of
the previous residential tenancy agreement, except for the
duration of the residential tenancy agreement which shall not
exceed 10 years.
(4) A family member of the tenant who has concluded a
residential tenancy agreement in accordance with Paragraph three
of this Section has the obligation to cover the rental payment
and other payments related to the use of the residential space
and which have not been settled by the previous tenant.
Section 17. Obligations of the
Tenant
(1) The tenant has the following obligations:
1) to conform to the provisions of the residential tenancy
agreement;
2) to use the residential space for residence and also other
additional purposes if such have been included in the residential
tenancy agreement;
3) to settle the rental payment in the amount and in
accordance with the procedures specified in the residential
tenancy agreement;
4) to settle payments related to the rental use of the
residential space in conformity with the provisions of the
residential tenancy agreement;
5) to treat the residential space with care, to prevent
deterioration of its condition, damages thereof, and unauthorised
transformation or unauthorised repairs;
6) to conform to the laws and regulations which apply to the
use of the residential space, including fire safety, sanitary and
hygiene requirements;
7) to inform without delay the lessor of such damages or
deficiencies of the residential space which affect or might
affect the health, life, property of a person;
8) to vacate the rented residential space upon expiry of the
residential tenancy agreement, except for the case when the
tenant has concluded a new residential tenancy agreement for
further use of this space or the court has satisfied the
application of the tenant for staying of the undisputed
enforcement;
9) to ensure that the persons lodged in the residential space
rented by the tenant conform to the provisions regarding the use
of the residential space specified in the residential tenancy
agreement and, upon expiry of the residential tenancy agreement,
vacate the residential space together with the tenant;
10) other obligations of the tenant specified in the
residential tenancy agreement.
(2) If the residential tenancy agreement is being concurrently
concluded with several tenants, upon transfer of the residential
space for common use, the tenants shall be jointly liable for the
obligations under the residential tenancy agreement.
Section 18. Obligations of the
Lessor
(1) The lessor has the obligation to transfer the residential
space for use to the tenant and to ensure a possibility for the
tenant to use it without hindrance for the entire duration of the
residential tenancy agreement.
(2) The lessor has the obligation to inform without delay the
tenant of:
1) his or her address and to provide other contact information
necessary for mutual communication;
2) alienation of the residential space.
(3) The lessor, insofar as it depends on him or her, has the
obligation to maintain the residential house where the
residential space is rented and to ensure the exploitation
thereof (physical maintenance throughout the period of
exploitation thereof) in accordance with the requirements laid
down in laws and regulations in order to ensure that the tenant
could use the residential space for residential purposes and to
get the full benefit therefrom to which he or she is entitled in
accordance with the residential tenancy agreement.
(4) In case of death of the tenant, the lessor has the
obligation to conclude a residential tenancy agreement with a
family member of the tenant without changing the conditions of
the residential tenancy agreement concluded with the previous
tenant.
Chapter IV
Expiry of a Residential Tenancy Agreement
Section 19. Expiry of a Residential
Tenancy Agreement
(1) A residential tenancy agreement shall expire:
1) upon expiry of the duration thereof;
2) if the rented residential space has perished;
3) in case of death of the tenant;
4) if the tenant acquires the ownership of the residential
space rented by him or her.
(2) The tenancy right may not be inherited if the residential
tenancy agreement has expired due to death of the tenant.
Section 20. Right of a Tenant to
Unilaterally Withdraw from a Residential Tenancy Agreement
The tenant has the right to unilaterally withdraw from a
residential tenancy agreement.
Section 21. Right of the Lessor to
Terminate a Residential Tenancy Agreement or Unilaterally
Withdraw from a Residential Tenancy Agreement
The lessor has the right to unilaterally withdraw from a
residential tenancy agreement in conformity with the provisions
laid down in Section 26 of this Law or to terminate the agreement
in conformity with the provisions laid down in Sections 22, 23,
24, and 25 of this Law.
Section 22. Termination of a
Residential Tenancy Agreement if the Residential Space or House
is Being Damaged or the Conditions for the Use of the Residential
Space are Otherwise Violated
The lessor may terminate a residential tenancy agreement
if:
1) the tenant, his or her family members, or other persons
lodged damage the residential space (including the furnishings
thereof), other buildings and premises which have been
transferred for use to the tenant in accordance with the
residential tenancy agreement, or also the common premises, the
communications system and installations of the residential house,
violates the improvement specified in the agreement, including
the provisions regarding the performance of repairs, degrades the
environment;
2) the tenant, his or her family members, or other persons
lodged use the residential space, residential house, other
buildings and premises which have been transferred for use to the
tenant for purposes other than those specified in the residential
tenancy agreement;
3) the tenant, his or her family members, or other persons
lodged otherwise violate the provisions regarding the use of the
residential space specified in the residential tenancy agreement
or also make the living with them in the residential space or
residential house impossible or significantly hindered for other
persons.
Section 23. Termination of a
Residential Tenancy Agreement Due to Illegal Residence in the
Residential Space
The lessor may terminate a residential tenancy agreement if
the residential space is used without his or her consent by
persons not provided for in this agreement.
Section 24. Termination of a
Residential Tenancy Agreement Due to Failure to Settle Rental
Payment of the Residential Space and Other Payments Related to
the Use of the Residential Space
(1) The lessor may terminate a residential tenancy agreement
if:
1) the tenant does not settle the rental payment even though
he or she has been granted the possibility to use the residential
space in accordance with the residential tenancy agreement and
the amount of late payments exceeds the rental payment of two
months, unless the residential tenancy agreement states a higher
amount of late payments;
2) the tenant does not settle the payments related to the use
of the residential space in accordance with the procedures laid
down in the residential tenancy agreement and payments are
delayed for two months, unless the residential tenancy agreement
states a longer time period for delayed payments.
(2) If a court, when examining an application of the lessor,
has taken the decision on undisputed enforcement of the
obligation of the tenant to vacate, in case of failure to settle
the rental payment, the rented residential space together with
family members and other persons lodged there which is specified
in the residential tenancy agreement, the residential tenancy
agreement shall be regarded as terminated along with the entry
into effect of the court ruling. If the tenant, within the time
period and in accordance with the procedures laid down in law,
brings a claim before a court, disputing the rental payment debt,
he or she concurrently has the right to request renewal of the
residential tenancy agreement for the remaining term of this
agreement.
Section 25. Termination of a
Residential Tenancy Agreement Due to House Demolition or
Rebuilding
(1) The lessor may terminate a residential tenancy agreement
if:
1) the residential house rebuilding or renewal is not
technically possible or financially justifiable and therefore the
residential house owner has taken the decision to demolish the
residential house;
2) further exploitation of the residential house requires
rebuilding or renewal thereof and, in accordance with the plan
for work organisation, this is not possible while the residential
space of the house is used by the tenant.
(2) When requesting termination of a residential tenancy
agreement in the cases referred to in Paragraph one of this
Section, the lessor has the obligation to compensate the tenant
the expenses related to resettlement, investments made in the
residential space in accordance with the agreement, and also to
compensate for any losses if such have been caused.
Section 26. Withdrawal from a
Residential Tenancy Agreement Due to Prohibition of
Exploitation
(1) The lessor may withdraw from the residential tenancy
agreement if, in accordance with the procedures laid down in the
laws and regulations governing construction, a decision is taken
which prohibits the exploitation of the residential house.
(2) Upon withdrawal from the residential tenancy agreement in
the case referred to in Paragraph one of this Section, the lessor
has the obligation to compensate the tenant the expenses related
to resettlement, investments made in the residential space in
accordance with the agreement, and also to compensate for any
losses if such have been caused.
Section 27. Notification of
Termination of a Residential Tenancy Agreement or Withdrawal from
a Residential Tenancy Agreement
(1) The tenant shall notify the lessor in writing of
termination of a residential tenancy agreement at least one month
in advance if the duration of the residential tenancy agreement
does not exceed 10 years. The tenant and the lessor may agree on
a longer notification period if the duration of the residential
tenancy agreement exceeds 10 years.
(2) The tenant may withdraw from the residential tenancy
agreement immediately, giving a written notification to the
lessor, if the lessor fails to fulfil the obligations provided
for in Section 18, Paragraph one or three of this Law.
(3) The lessor shall notify the tenant in writing of
termination of the residential tenancy agreement:
1) at least one month in advance - in the case referred to in
Section 23 or 24 of this Law, and also in the cases referred to
in Section 25, Paragraph one of this Law if the residential
tenancy agreement has been concluded for a time period of up to
one year;
2) at least three months in advance - in the cases referred to
in Section 25, Paragraph one of this Law if the residential
tenancy agreement has been concluded for a time period from one
year to three years.
(4) In the case provided for in Section 26 of this Law the
lessor may withdraw from the residential tenancy agreement
immediately by giving a written notification to the tenant.
(5) The notification of termination of the residential tenancy
agreement or withdrawal therefrom shall be dispatched to the
address indicated in the agreement, including the electronic mail
address. The notification of termination of the residential
tenancy agreement or withdrawal from the residential tenancy
agreement may also be issued with the intermediation of a sworn
bailiff. If the notification of termination of the residential
tenancy agreement or withdrawal from the residential tenancy
agreement is issued with the intermediation of a sworn bailiff,
the lessor or the tenant shall be considered to have been duly
notified on the day which has been indicated in the deed drawn up
by the sworn bailiff as the day on which the notification has
been issued to the addressee or the addressee has refused to
receive the notification.
(6) In giving a notification of termination of the residential
tenancy agreement or withdrawal from the residential tenancy
agreement before applying to a court, the lessor must specify in
the notification the non-fulfilled liability, the period of delay
of such liability, the amount of late payments, and the
consequences of failure to fulfil the liability.
Section 28. Residential Tenancy
Agreement in Case of a Change of the Owner of the Residential
Space
(1) If, during the period of validity of a residential tenancy
agreement, the residential space is alienated, the previous
residential tenancy agreement concluded with the tenant shall be
binding on the acquirer thereof only if the residential tenancy
agreement has been recorded in the Land Register. If the
residential tenancy agreement has not been recorded in the Land
Register, it shall expire with the corroboration of the property
rights of the acquirer in the Land Register.
(2) If a residential tenancy agreement has not been
corroborated in the Land Register, however, the acquirer has
become aware that the residential space was rented and the
acquirer does not wish to conclude a new residential tenancy
agreement with the tenant, he or she shall inform the tenant in
the notification that the residential space should be vacated
within two months. The tenant, the family members of the tenant,
and other persons lodged, and also the sub-tenant, his or her
family members, and other persons lodged by him or her, if the
residential space is transferred for sub-tenancy, have the
obligation to vacate the residential space by the deadline
specified in the notification.
(3) If there are no records in the Land Register regarding the
residential tenancy agreement and the acquirer has no information
on whether the residential tenancy agreement was concluded for
the use of the residential space or who was the tenant thereof
and, consequently, the acquirer may not use the residential
space, a sworn notary shall, on the basis of written request from
the acquirer, publish an announcement in the official gazette
Latvijas Vēstnesis of a change of the property rights to
the residential space. The announcement shall state the address
of the residential space and invite the persons who had concluded
the residential tenancy agreement with the lessor to notify
thereof within a month and to submit the residential tenancy
agreement to the relevant sworn notary.
(4) After expiry of the invitation referred to in Paragraph
three of this Section, the sworn notary shall, upon request of
the acquirer, issue a certificate, stating that during the
invitation period no person with the right to rent the
residential space has come forward or stating the person who
submitted the notification on a residential tenancy agreement,
and shall add a derivative of the received residential tenancy
agreement thereto. The acquirer of the residential space, if he
or she does not wish to conclude a residential tenancy agreement
with the tenant, has the obligation to notify the tenant in
writing that the residential space must be vacated within one
month.
(5) If, by the deadline and in accordance with the procedures
laid down in Paragraph three of this Section, no person has come
forward, it shall be considered that any rights to use the
residential space referred to in this Law on the basis of a
residential tenancy agreement concluded by the lessor have
expired along with the corroboration of property rights of the
acquirer in the Land Register.
Section 29. Consequences of Expiry
of a Residential Tenancy Agreement
(1) The tenant, his or her family members, and other persons
lodged, and also the sub-tenant, his or her family members, and
other persons lodged by him or her, if the residential space is
transferred for sub-tenancy, have the obligation to vacate the
residential space until expiry of the residential tenancy
agreement, except for the case referred to in Paragraph two of
this Section.
(2) The provisions of Paragraph one of this Section shall not
be applied in case of a change of the owner of the residential
space referred to in Section 28 of this Law.
(3) If the tenant, his or her family members, and other
persons lodged, and also the sub-tenant, his or her family
members, and other persons lodged by him or her, if the
residential space is transferred for sub-tenancy, until expiry of
the residential tenancy agreement or in the case referred to in
Section 28, Paragraph two or four of this Law - after the
deadline specified by the acquirer fail to vacate the residential
space, the tenant shall compensate the lessor or the acquirer for
any losses, and also pay compensation for the use of the
residential space.
Chapter V
Rental of the Residential Space Owned or Leased by a Local
Government
Section 30. Rental of the
Residential Space Owned or Leased by a Local Government
The residential space owned or leased by a local government
may be rented to a person who has been recognised as entitled to
receive assistance in accordance with the law or regulation
regarding assistance in solving apartment matters.
Section 31. Rental Payment for the
Residential Space Owned or Leased by a Local Government
(1) The amount of the rental payment for the residential space
owned or leased by a local government shall be determined by the
local government, taking into account the binding regulations
thereof regarding the determination of the rental payment.
(2) The lessor shall notify in writing the tenant of the
determination of the rental payment and it shall enter into
effect one month after the notification thereof.
Section 32. Rental of the
Residential Space Owned by a Local Government
(1) A local government council shall issue binding
regulations, determining the procedures and conditions for the
rental of the residential space owned by the local government,
and also the duration for the conclusion of a residential tenancy
agreement, but not longer than 10 years. This provision shall not
apply to the residential space owned or leased by the local
government which is rented in accordance with the laws and
regulations regarding the provision of assistance in solving
apartment matters.
(2) In case of death of the tenant of the residential space
owned by a local government or in case of a change of the place
of residence thereof, a person of legal age who together with the
tenant received assistance in accordance with the law or
regulation regarding assistance in solving apartment matters is
entitled to request the conclusion of a residential tenancy
agreement in the place of the previous tenant in conformity with
the binding regulations of the local government.
Chapter VI
Rental of Official Residential Space Owned by the State
Section 33. Provisions for the
Rental of Official Residential Space Owned by the State
(1) Official residential space owned by the State shall be
rented only in relation to the employment (service) relationship
in order to ensure the performance of the State administration
functions.
(2) Official residential space owned by the State shall be
rented by an institution which has received the relevant
authorisation or whereto such right has been granted by law or
regulation.
(3) A tenancy agreement for official residential space owned
by the State shall be concluded for the period of employment
(service).
Section 34. Expiry of a Tenancy
Agreement for Official Residential Space Owned by the State
A tenancy agreement for official residential space owned by
the State shall expire concurrently with expiry of the employment
(service) relationship.
Chapter VII
Corroboration of Rental Rights
Section 35. Corroboration of Rental
Rights in the Land Register
Rental rights may be corroborated in the Land Register.
Section 36. Legal Framework for the
Corroboration of Rental Rights in the Land Register
The provisions of the Land Register Law shall be applicable to
corroboration of rental rights insofar it is not laid down
otherwise in this Law.
Section 37. Exemption from Land
Register Office Fees
The applicants for corroboration shall be exempted from the
office fee for the corroboration of rental rights and making of
amendments to the Land Register.
Section 38. Requirements in Relation
to a Corroboration Request
A signature of a private individual on a corroboration request
submitted in accordance with the procedures laid down in this Law
shall be certified by a sworn notary or a court, if the applicant
for corroboration submits the corroboration request in person,
except for the case when the corroboration request has been
signed with a secure electronic signature in accordance with the
laws and regulations regarding electronic documents. If the
corroboration request has been signed with a secure electronic
signature, the legal capacity of the person shall be verified by
a district (city) court on the basis of the data of the
Population Register.
Section 39. Applicants for
Corroboration
(1) Corroboration of rental rights may be requested by:
1) the lessor and the tenant;
2) the lessor or the tenant if, in accordance with the
procedures laid down in Section 58 of the Land Register Law, the
lessor or the tenant has authorised the other party to the
residential tenancy agreement to submit a unilateral
corroboration request.
(2) A private individual may, in conformity with the
conditions of this Section, authorise a sworn notary to submit an
electronic corroboration request through data exchange
information systems.
(3) The lessor may request to extinguish rental rights:
1) prior to expiry of the term of a residential tenancy
agreement after expiry of the notification period referred to in
this Law or the residential tenancy agreement on the basis of the
notification of withdrawal from the residential tenancy agreement
issued to the tenant in accordance with the procedures laid down
in this Law;
2) after expiry of the duration of the residential tenancy
agreement.
Section 40. Notification on
Corroboration or Extinguishing of Rental Rights
The Land Registry Office shall send the notification on
corroboration or extinguishing of rental rights to the electronic
mail address of the parties indicated in the residential tenancy
agreement.
Section 41. Extinguishing of an
Entry on the Corroboration of Rental Rights
A judge shall, without any special request, take the decision
on extinguishing the corroboration of rental rights:
1) if a period of six months has lapsed since the moment of
expiry of the duration of the residential tenancy agreement;
2) in case of death of the tenant on the basis of the
notification of the Population Register received in the online
system;
3) if the decision has been taken on corroboration of the
property rights in the Land Register for a person in favour of
whom the entry on the corroboration of rental rights has been
made;
4) if information has been received that the entry on the
building has been extinguished in accordance with the procedures
laid down in Section 56.4 of the Land Register
Law.
Chapter VIII
Administrative Offences in the Field of Residential Space Rental
and Competence in the Administrative Offence Proceedings
Section 42. Causing Hindrance in the
Use of a Rented Residential Space
(1) For causing such hindrance which prevents the tenant from
using the rented residential space, a fine of up to two hundred
and eighty units of fine shall be imposed on the lessor of the
residential space - a natural person, but on a legal person - up
to two thousand and eight hundred units of fine.
(2) For causing such hindrance which prevents the tenant from
using heating, electricity, cold and hot water, sewage, and also
removal of household waste services in the residential space, a
fine of up to two hundred and eighty units of fine shall be
imposed on the lessor of the residential space - a natural
person, but on a legal person - up to two thousand and eight
hundred units of fine.
Section 43. Competence in the
Administrative Offence Proceedings
Until examination of the administrative offence case, the
administrative offence proceedings for the offences referred to
in Section 42 of this Law shall be conducted by the State Police
or municipal police, or a local government rental board. The
administrative offence case shall be examined by the local
government administrative commission or sub-commission.
Transitional Provisions
1. With the coming into force of this Law, the law On
Residential Tenancy (Latvijas Republikas Augstākās Padomes un
Valdības Ziņotājs, 1993, No. 7; Latvijas Republikas
Saeimas un Ministru Kabineta Ziņotājs, 1997, Nos. 4, 20;
1998, Nos. 15, 23; 2001, No. 16; 2005, No. 2; 2007, No. 3; 2009,
No. 6; Latvijas Vēstnesis, 2010, No. 124; 2020, Nos.
117.A, 240.A) is repealed.
2. If after coming into force of this Law there is a change of
the owner of the residential space for the use of which a
residential tenancy agreement has been concluded until 30 April
2021 which has not been recorded in the Land Register, this
agreement shall be binding on the acquirer of the residential
space until 31 December 2026; however, if the duration of the
concluded residential tenancy agreement expires until 31 December
2026 - until expiry of the duration specified in the agreement.
If the claim referred to in Paragraph 3 of these Transitional
Provisions is brought, the residential tenancy agreement shall be
binding on the acquirer until the day of the entry into effect of
such court ruling, until the term specified in the agreement, or
until expiry of the term specified in the court ruling, but not
later than until 31 December 2036.
3. Residential tenancy agreements which have been concluded
until 30 April 2021 shall be recorded in the Land Register in
accordance with the procedures laid down in Chapter VII of this
Law. If the tenant and the lessor or the tenant and the acquirer
cannot reach an agreement, a claim regarding the recording of a
residential tenancy agreement in the Land Register shall be
brought until 31 December 2026. If no duration for the rental of
the residential space has been specified in the residential
tenancy agreement, the residential tenancy agreement shall be
recorded in the Land Register until 31 December 2036.
4. Residential tenancy agreements which have been concluded
until 30 April 2021 and the duration of which continues after
coming into force of this Law may be amended by means of an
agreement between the lessor and the tenant in accordance with
the provisions of Section 8, Paragraph one of this Law not later
than until 31 December 2026. If the lessor and the tenant cannot
reach agreement on these provisions, the dispute shall be
resolved by a court and such claim shall be brought not later
than until 31 December 2026.
5. If a residential tenancy agreement has been concluded until
30 April 2021, the agreement remains valid after coming into
force of this Law, no duration for the rental of the residential
space has been indicated in the agreement and the lessor and the
tenant cannot reach an agreement on further duration of the
residential tenancy agreement, a court shall decide freely on the
duration thereof which does not exceed 10 years, but not longer
than until 31 December 2036. The duration of such residential
tenancy agreements which have not been amended until 31 December
2026 or whereof no claim has been brought before a court until 31
December 2026 shall be 31 December 2036.
6. If the tenant uses the residential space owned by a local
government on the basis of a residential tenancy agreement
without any particular duration, the local government may request
the conclusion of a new residential tenancy agreement for a
definite duration in conformity with the binding regulations
issued on the basis of Section 32 of this Law.
7. If the lessor and the tenant who rents the residential
space in a denationalised house or a house returned to the lawful
owner thereof and has been using it until restoration of property
rights cannot reach an agreement on that referred to in Paragraph
4 or 5 of these Transitional Provisions, the dispute shall be
resolved by a court and such claim shall be brought not earlier
than on 31 December 2023, but not later than until 31 December
2026.
8. After 1 May 2021, the rental boards of local governments
established in accordance with the law On Residential Tenancy
shall continue their work in order to complete the review of the
initiated cases. Local governments which have established rental
boards shall decide on a review of the rental board functions on
the basis of the laws and regulations governing the work of local
governments or shall decide on the liquidation thereof.
The Law shall come into force on 1 May 2021.
The Law has been adopted by the Saeima on 17 March
2021.
President E. Levits
Rīga, 6 April 2021
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)
