Legal advice

The tenant refuses to move out of the apartment, although the lease agreement has already expired. He said that he will continue to pay the rent, so I have no chance of evicting him. Whose side is the law on?

07.10.2024 Dmitrijs Sustovs, head of the Litigation department of the Law

The law states that the tenant, his family members, and other occupants are required to vacate the premises before the lease agreement is terminated. In this situation, the tenant has violated the law, and therefore cannot count on the protection of the law. The tenant is living in the apartment illegally, without legal grounds, even though he continues to pay money.

The law clearly states that if the tenant, his family members, and other occupants do not vacate the premises by the time the lease agreement is terminated, the tenant compensates the landlord for losses and also pays compensation for the use of the premises.

The money that the former tenant transfers to you after the termination of the lease agreement is not, from a legal point of view, rent, but compensation for the use of the apartment, without continuing the legal relationship of rent.

Payment of compensation does not release the former tenant from the obligation to vacate the living space and does not legitimize his stay in the apartment. No matter how much he would like it.

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