New legislative amendments strengthen landlords' tools to promote safer residential areas

On July 1, 2024, amendments to the Tenancy Act came into effect. The purpose of these amendments is to strengthen landlords' ability to terminate tenants who pose a threat to the safety of the area. The amendments now make it possible to act more effectively against tenants who threaten the safety of neighbors, employees, and visitors in the area. 


Summary of the amendments:

Lack of proper conduct: A new broader concept, so-called lack of proper conduct, has been introduced. In particularly serious cases of lack of proper conduct, it is not required that a termination has been preceded by a warning. 

Crimes in the area considered disturbances: The concept of disturbances has been expanded. Crimes committed by a tenant are now considered disturbances in the residence if they result in a significant deterioration of the surrounding environment, which should not reasonably be tolerated by other residents in the area. In such cases, no prior warning is required to terminate the lease. Crimes committed elsewhere can also, under certain circumstances, be grounds for termination, for example, if the criminal activity poses a risk of retaliatory actions that are dangerous for neighbors. 

Tenant's duty of supervision: The tenant's responsibility for the supervision of tenants, children, and visitors has been expanded to include their behavior in the surrounding area, including criminal activities. Parents are required to take measures to prevent continued criminal activity. 

The residence as a crime tool: More situations can now lead to the forfeiture of the tenancy if the residence or premises are used for criminal purposes. The tenancy is forfeited if the residence or premises are used to commit serious, habitual, or extensive crimes, regardless of whether the criminal activity is part of a business operation or not. The requirement that the the residence must be used entirely or substantially for criminal activity has been removed. 

Tenants: Clarifications have been made to prevent abuse of the tenant provision. The tenant may not sublet the residence to more tenants than it is adapted for, or in a way that increases costs or complicates management. 

Access to the residence: The landlord is granted extended rights to access the residence to perform necessary supervision, check usage, or carry out improvement works. A notice of access is considered served when sent as a registered letter to the tenant. 

Expedited processing: Disputes concerning criminal activities equated with disturbances, the use of the residence for crimes, and particularly serious lack of proper conduct shall be handled particularly expeditiously in court and the rent tribunal. 

Violent crimes by relatives: Enhanced protection for tenants who have been subjected to violence by a relative, with expanded opportunities for a cohabiting spouse or partner to take over the lease.