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Rental deposit

Estonia — tagatisraha (Võlaõigusseadus § 308)

NationalEERead off primary law

Estonia

Rule id
deposit.ee
Version
1.0.0
In force from
July 1, 2002
Last read against its sources
August 5, 2026
Countries bound
Estonia

In plain language

What this regime says.

An Estonian deposit may not exceed three months’ rent, may be paid in three instalments, and must be held at a credit institution separately from the landlord’s own assets at at least the local average deposit rate — with the interest belonging to the tenant.

Who is covered

Tenants of a dwelling in Estonia.

What you get

Return of the deposit plus the interest it should have earned, plus anything taken above three months’ rent.

Where claims go wrong

  • Never asking for the interest. It is statutory, it is almost never paid, and the landlord’s failure to open the account is not an answer.
  • Paying the whole deposit up front when the statute lets you spread it over three months.
  • Letting the three-year limitation period run.

Authority

Every citation,
with its pinpoint.

A claim that cites “EU law” gets filed. A claim that cites Article 7(1)(c) gets answered. These are the exact coordinates this entry rests on.
  1. Võlaõigusseadus § 308Võlaõigusseadus (Law of Obligations Act), EstoniaURL verified 2026-08-05§ 308 (tagatisraha) — up to three months’ rent, payable in three instalments, held at a credit institution separately from the landlord’s own assets at at least the local average interest rate, with the interest belonging to the tenant
  2. Tsiviilseadustiku üldosa seadus § 146Tsiviilseadustiku üldosa seadus (General Part of the Civil Code Act), Estonia§ 146 — three-year limitation period for a claim arising from a transaction

Sources

Where a figure is indexed, converted or published by a regulator rather than fixed in the instrument, the provenance is recorded separately. Anything marked as a modelled estimate is exactly that — a model, not a statutory number.

What it imposes

Clocks, defences and the ladder.

A rule module builds these while it evaluates, because a limitation period depends on which forum is open to you. What follows is the structure this regime produces — deliberately with no dates and no figures, because those belong to your facts rather than to the law.

The clocks it starts

  • Three-year limitation period (TsÜS § 146)Fatal if missedA claim arising from a transaction is barred three years after it falls due. We have measured from the end of your lease.Tsiviilseadustiku üldosa seadus § 146 — § 146 — three-year limitation period for a claim arising from a transactionLimitation period

What it entitles you to, beyond money

  • An itemised, evidenced account of every deductionAsk for invoices, quotations and dated photographs measured against the condition record at the start of the tenancy. A round sum with no breakdown is not a justified deduction anywhere in Europe.§ 308 (tagatisraha) — up to three months’ rent, payable in three instalments, held at a credit institution separately from the landlord’s own assets at at least the local average interest rate, with the interest belonging to the tenant

What the other side will say

Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.

"We have always held deposits ourselves"

high likelihood

The landlord confirms the deposit sat in their own account, or in the agent’s, and treats that as normal practice rather than a breach.

What answers it

Where the statute says the money must be held somewhere specific — a blocked account in your name, a separate interest-bearing account, a savings book, a public deposit body — holding it anywhere else is a breach in its own right, not a matter of custom. It also means the interest the statute gives you was never earned, which the landlord must make good. Ask for the account details and the interest calculation in the same letter as the refund demand.

"We are still working out the costs"

high likelihood

The landlord holds the whole deposit indefinitely while quotes, invoices or utility bills are said to be pending.

What answers it

The statutory return period exists precisely so the landlord can obtain quotes and final bills inside it. It does not restart because they left it late, and it does not licence holding the whole deposit against one unquantified item. Ask them to return everything not genuinely in issue now, and to quantify the rest by a stated date.

"The property needed cleaning and redecorating"

high likelihood

The landlord charges for cleaning, carpet wear, scuffed paint or tired fittings and treats the deposit as a refurbishment fund.

What answers it

Fair wear and tear from ordinary use is not a recoverable loss in any of the regimes this product covers — a deduction must reflect damage or a breach beyond ordinary use, must be evidenced, and must be reduced for the age and remaining life of the item. Ask for the invoice, the check-in and check-out evidence, and the calculation.

"Prove you did not cause it"

high likelihood

The landlord asserts damage and expects the tenant to disprove it, often without a check-in inventory.

What answers it

It is the party seeking to keep the money who must justify keeping it. Where there is no dated check-in record to compare against, an adjudicator has nothing to measure the alleged damage from, and the deduction generally fails on that ground alone.

Where to take it next

  1. Written demand to the landlordAsk for the deposit, for the interest under § 308(3), and for the name of the credit institution that held it. Give fourteen days.Claim directtypically 14 days
  2. Üürikomisjon (Lease Committee)Tallinn operates a lease committee that decides tenancy disputes quickly and at low cost, with the effect of a court judgment. Where your municipality has one, this is the route. Check whether it covers your property before filing in court.Alternative dispute resolutiontypically 90 days
  3. Maakohus (county court)Binding on themThe county court hears the claim where no lease committee has jurisdiction.Courttypically 180 days

Documents

What this regime can produce.

Every one of these is a document you send yourself, in your own name. Duesday never writes to anybody on your behalf and is never anyone’s agent.

The same claim type elsewhere

Albania — rental deposit (Kodi Civil (Civil Code), qiraja)ALNationalAlbaniaKodi Civil (Civil Code), qirajaConfidence: lowAustria — rental deposit (Allgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG))ATNationalAustriaAllgemeines Bürgerliches Gesetzbuch (ABGB) § 16b, and the Mietrechtsgesetz (MRG)Confidence: lowBelgium — rental deposit (Regional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du Logement)BENationalBelgiumRegional housing codes: Vlaams Woninghuurdecreet, Décret wallon relatif au bail d’habitation, Code bruxellois du LogementConfidence: lowBosnia and Herzegovina — rental deposit (The law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislation)BANationalBosnia & HerzegovinaThe law of obligations of the relevant entity (Federation of Bosnia and Herzegovina or Republika Srpska) and the applicable housing legislationConfidence: lowBulgaria — rental deposit (Закон за задълженията и договорите (Obligations and Contracts Act), наем)BGNationalBulgariaЗакон за задълженията и договорите (Obligations and Contracts Act), наемConfidence: lowCroatia — rental deposit (Zakon o najmu stanova and the Zakon o obveznim odnosima)HRNationalCroatiaZakon o najmu stanova and the Zakon o obveznim odnosimaConfidence: lowCyprus — rental deposit (Rent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contract)CYNationalCyprusRent Control Law of 1983 (23/1983) for controlled tenancies, and the general law of contractConfidence: lowCzechia — jistota / kauce (Občanský zákoník § 2254)CZNationalCzechiaObčanský zákoník (89/2012 Sb.), § 2254Confidence: high

Other rights in the same countries

Does this one reach your facts?

The engine runs every regime that could apply at once and reconciles them, rather than making you guess which page to read.

Not a law firm. Not legal advice. You send it yourself. This page describes a law; it is not advice about your situation and no outcome is promised.