Rent contract termination

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Chaouki
Posts: 30
Joined: Thu Mar 12, 2020 2:58 pm

Rent contract termination

Post by Chaouki » Sat Nov 12, 2022 9:23 am

Hello,

In case someone gets an eviction order based on bad behaviour (domestic violence) and must leave the apartment. What does the law say about the duration from the eviction notice to the complete leave of the person?
I tried looking for this info online but was not able to find anything, hence I'm asking here with the hope of getting an answer.

Thank you!



Rent contract termination

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NukkuMatti
Posts: 273
Joined: Fri Nov 20, 2015 9:51 pm

Re: Rent contract termination

Post by NukkuMatti » Sun Nov 13, 2022 7:45 pm

Chaouki wrote:
Sat Nov 12, 2022 9:23 am
Hello,

In case someone gets an eviction order based on bad behaviour (domestic violence) and must leave the apartment. What does the law say about the duration from the eviction notice to the complete leave of the person?
I tried looking for this info online but was not able to find anything, hence I'm asking here with the hope of getting an answer.

Thank you!
Depends on the contract but in general, basically if you are causing harm to others it could be instantly..

In general with non fixed term contracts, there is a normal notice time which is 6 months in case you lived there longer than a year, but in certain circumstances when the disturbance continues, it will be ad-hoc.
It all depends on how much warnings you have been given and if you complied with them or not, and how much in which time frame.

Fixed term contract cannot normally be ended before the ending date unless this is separately mentioned in the contract, and again depending of the kind of disturbance and if it continuing and if it has caused harm. (police reports etc.)

But lets say, you got a non fixed contract and you received a notice of termination with a warning for certain behavior, that means that you have to leave in 6 months from the date of confirmation you received the notice, if you have lived there longer than a year, in 3 if shorter.

However by not obeying the warning in the same notice i.e. you continue to cause the same disturbance, it can be immediately. You can fight it in court to extend it with a maximum of a year after moment of filing, as long as the notice time is not expired yet, based on difficulties finding a new apartment. It will cost you though.

For more information I would like to refer you to the law text at Finlex.
This is an unofficial translation of the ministry of justice regarding lease contracts, some information you want will be found in there..
https://www.finlex.fi/en/laki/kaannokse ... 950481.pdf

Chaouki
Posts: 30
Joined: Thu Mar 12, 2020 2:58 pm

Re: Rent contract termination

Post by Chaouki » Sun Nov 13, 2022 10:44 pm

NukkuMatti wrote:
Sun Nov 13, 2022 7:45 pm
Chaouki wrote:
Sat Nov 12, 2022 9:23 am
Hello,

In case someone gets an eviction order based on bad behaviour (domestic violence) and must leave the apartment. What does the law say about the duration from the eviction notice to the complete leave of the person?
I tried looking for this info online but was not able to find anything, hence I'm asking here with the hope of getting an answer.

Thank you!
Depends on the contract but in general, basically if you are causing harm to others it could be instantly..

In general with non fixed term contracts, there is a normal notice time which is 6 months in case you lived there longer than a year, but in certain circumstances when the disturbance continues, it will be ad-hoc.
It all depends on how much warnings you have been given and if you complied with them or not, and how much in which time frame.

Fixed term contract cannot normally be ended before the ending date unless this is separately mentioned in the contract, and again depending of the kind of disturbance and if it continuing and if it has caused harm. (police reports etc.)

But lets say, you got a non fixed contract and you received a notice of termination with a warning for certain behavior, that means that you have to leave in 6 months from the date of confirmation you received the notice, if you have lived there longer than a year, in 3 if shorter.

However by not obeying the warning in the same notice i.e. you continue to cause the same disturbance, it can be immediately. You can fight it in court to extend it with a maximum of a year after moment of filing, as long as the notice time is not expired yet, based on difficulties finding a new apartment. It will cost you though.

For more information I would like to refer you to the law text at Finlex.
This is an unofficial translation of the ministry of justice regarding lease contracts, some information you want will be found in there..
https://www.finlex.fi/en/laki/kaannokse ... 950481.pdf
Thank you for the detailed answer and reference (I will check it out). To shed some lights, the case is about a noisy neighbour and the landlord of my apartment is mentioning that the noisy neighbour received 3 warnings and that the owner of the neighbour's apartment gave them an eviction order. When you say "immediately" and "instantly", is this mentioned in the notice? What does it exactly mean? Do they have a one week or so or more like 1 month?
Cause they are still there and not sure how long they will stay.
Thank you!

NukkuMatti
Posts: 273
Joined: Fri Nov 20, 2015 9:51 pm

Re: Rent contract termination

Post by NukkuMatti » Tue Nov 15, 2022 2:07 pm

Chaouki wrote:
Sun Nov 13, 2022 10:44 pm
Thank you for the detailed answer and reference (I will check it out). To shed some lights, the case is about a noisy neighbour and the landlord of my apartment is mentioning that the noisy neighbour received 3 warnings and that the owner of the neighbour's apartment gave them an eviction order. When you say "immediately" and "instantly", is this mentioned in the notice? What does it exactly mean? Do they have a one week or so or more like 1 month?
Cause they are still there and not sure how long they will stay.
Thank you!
The Neighbor can wait until the eviction order is enforced (with help of the police). He will have to pay for the costs of this.
The neighbor can challenge the order in court, this can take, including the request to the court for an extension of the notice time, more than a year. All little depending on the contract wording and the wording in the eviction order (has it already been to court and is it a court order or is it only noticed to the tenant, has the tenant received the notice? is it verified? etc. etc.).

So there is not enough information to make an educated guess about this yet.. ;)

And yes if it is a notice of ending the rent and it would be due to severe misconduct and causing harm to others, a stipulation could be in the notice summoning the tenant to immediately vacate the premises, this rarely happens... only in very severe cases.
However in the notice of ending the contract, almost always a stipulation in the form of a warning is made, about further transgressions and disturbance / breaking the rules, that it will be triggering immediate eviction. This is also not that often enforced but more likely to happen when the disturbances are accompanied by regular / repeated police visits.
In all other cases, legal notice time is valid with a minimum of 3 months if the tenants has lived there for less than a year and minimum 6 months in case the tenant has lived there more than a year. This means from the moment the tenant confirms getting the notice (by mail or by pick up from the court, or by a visit from the court server) he or she has 3 to 6 months (or longer if so stated in the contract), to move out


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