LATVIA Law and Practice Contributed by: Jānis Kārkliņš, Annija Kārkliņa, Ēriks Krēsliņš and Rihards Strads, BERG
• the tenant fails to comply with contractual obliga - tions; • the tenant causes damage to the property, • the tenant subleases without consent; • the property requires substantial repairs of such a magnitude that it is not possible to keep the con - tract in force; and • the landlord has a legitimate need to use the prop - erty personally. Conversely, the tenant may request the termination of the contract where: • the landlord delays delivery of the property; • the landlord fails to carry out necessary repairs; • the premises cannot be used due to construction works; and • the property poses a risk to health. However, should such circumstances arise, the par - ties are entitled to seek rescission of the contract by way of court proceedings, rather than effecting a uni - lateral withdrawal. Furthermore, it should be noted that a different regime applies to residential leases: the tenant is generally entitled to terminate the agreement at their discretion, whereas the landlord’s right of termination is limited to specific grounds expressly provided for in the Resi - dential Tenancy Law. 6.20 Registration Requirements Although the Civil Law does not require a lease agree - ment to be in written form, a written agreement is necessary for registration in the Land Register. Reg - istration itself is not mandatory; however, it is recom - mended, as it grants the tenant (lessee) a right in rem that is enforceable against third parties. If the par - ties choose to register the lease, certain formalities must be fulfilled, including the submission of a written request for corroboration. The registration fee is typically EUR15, though it may vary depending on whether the request is submitted electronically or by other means. This fee is usually paid by the tenant, as registration primarily serves their interests.
An exception applies under the Residential Tenancy Law, which governs agreements between landlords and residential tenants. In such cases, the written form is required for the agreement to take effect, but registration in the Land Register is not mandatory. 6.21 Forced Eviction The Civil Law prohibits arbitrary eviction of a ten - ant, even in cases of non-compliance with the lease agreement. However, this does not mean that evic - tion is impossible. A party entitled to withdraw from the contract must notify the other party and allow a reasonable period to vacate or comply. The required notice period depends on factors such as whether the lease is for a fixed or indefinite term. Where the tenant fails to vacate the property voluntarily notwithstand - ing receipt of notice, the landlord may initiate legal proceedings seeking the tenant’s eviction. Although COVID-19 eviction restrictions – such as Cabinet Regulations No 662 on epidemiological safety measures – were previously in force and affected ten - Lease agreements in Latvia generally cannot be termi - nated by third parties. However, an important excep - tion applies in cases of expropriation for public needs under the Law on the Alienation of Immovable Prop - erty Necessary for Public Needs. Upon registration of ownership rights in the Land Register, the expropri - ated property passes to the State or municipality free of all encumbrances, including lease and rental rights, unless the authority has expressly agreed to assume them. An exception applies to residential lease agree - ments, which remain binding on the authority if it was aware of them at the time of valuation. The duration of the expropriation process is not strictly fixed and may vary from several months to over a year, depending on the complexity of the case. Compensation is payable and is covered by the State or municipality carrying out the expropriation. While compensation is primarily directed to the owner, ten - ants may be entitled to compensation for losses in certain cases, although this depends on the circum - stances and applicable legal provisions. ants, they are no longer applicable. 6.22 Termination by a Third Party
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