Warning the tenant - when, why and how?
The article discusses the importance of the warning, its benefits, legal implications, and the importance of providing it in writing from the landlord's point of view.
Tips for landlords
04.03.2025
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Is your tenant causing you problems? As a landlord, it is important to know when and how to give a warning to your tenant. A warning is the first step in situations where the tenant is breaking the terms of the tenancy agreement. Under Finnish tenancy law, the landlord is not entitled to terminate the tenancy agreement without a proper written warning, as the tenant must be given a demonstrable opportunity to correct his/her actions.
More specifically, issuing a warning to the tenant is a way of communicating clearly and demonstrably that the tenant's behaviour is unacceptable for the continuation of the tenancy. The warning should always be given in writing and evidentially, so that there is a clear record of its issuance for possible follow-up action. A proper and timely warning can resolve the problem at an early stage and save both the landlord and the tenant from lengthy and costly litigation.
In this article, we go through the reasons and measures for issuing a warning. A well-drafted warning will be discussed, including a clear description of the infringement, a proposal to remedy the situation and information about the consequences if the situation continues.
The warning is a legally important tool for the landlord, allowing the tenancy to continue in case of problems. It acts as a necessary step before the lease is terminated and gives the tenant the opportunity to rectify his behaviour.
A properly given warning provides a concrete opportunity for the tenant to recognise that his actions constitute a breach of contract and to correct them before legal action is taken. If the tenant responds to the warning and fulfils his obligations within the deadline, the tenancy can continue without termination measures.
A written and verifiable warning is essential, as its documentation serves as proof of the landlord's actions. This will be crucial if the situation later escalates into legal action. Clear documentation - such as dates, methods of delivery and any additional evidence (photographs, neighbours' reports) - protects the landlord's rights.
Finnish legislation sets out a clear framework for the written warning to be given to the tenant. The landlord must follow the statutory procedure before terminating the lease for breach of contract by the tenant. This procedure is vital for legal action, as without a proper warning the landlord cannot later legally justify the termination of the lease.
The Residential Tenancy Act(481/1995) requires the landlord to give the tenant a written warning before terminating the tenancy agreement. The purpose of this warning is to give the tenant the opportunity to correct his/her actions and thus prevent immediate termination of the contract. According to the legislation, a lease cannot be terminated without a verifiable warning - this means that clear documentation of the warning has been left (e.g. email receipts, postal receipts or a signed receipt).
There are several legal aspects to consider when issuing a warning:
A legally valid warning must be objective and factual - avoiding threats or inappropriate language. All evidence of the warning must be kept to confirm its delivery and content.
The case law has stressed that the warning must be clear and understandable. The warning must specify precisely what the breach of contract is, so that the tenant can see the full reasons for the warning. This will improve the tenant's legal certainty and help him to correct his actions.
It should also be noted that no warning can be given for minor infringements, which would lead to the termination of the lease. The infringement must be material and the issuing of a warning must always be supported by evidence. If the tenant remedies the situation after the warning, the ground for termination lapses. However, repeated similar breaches may allow the lease to be terminated without a further warning, provided that they occur within a short period of time.
The landlord may need to issue a formal warning to the tenant in various situations where the tenant breaches the terms of the lease. The law requires a warning to be given before the tenancy agreement can be terminated, so a warning is often necessary to manage the tenancy.
"Unreasonable warning to tenant" means a situation where the landlord issues a written warning to the tenant for breach of the terms of the tenancy agreement or for disruptive behaviour, even though the tenant has not done anything to warrant the warning.
Unwarranted warning: a warning that has no real or legal basis.
Such a situation can lead to legal disputes, where the landlord must be able to prove the reasons for issuing the warning.
A written warning to the tenant is a formal notice in which the landlord informs the tenant of a breach of the terms of the tenancy agreement.
Specify exactly which term of the lease the tenant has breached. Use concrete examples, such as dates and times when the disruption occurred. Include in the warning a direct reference to the relevant clause in the tenancy agreement and, where appropriate, to the legal framework (e.g. Act on the Tenancy of Residential Property 481/1995).
Write the warning in a professional, neutral tone. Avoid threats and excessive accusations so that the tenant gets a clear message without feeling attacked. Clearly state that this is a formal written warning, with clear documentation of its delivery.
Make sure that the warning is delivered to the tenant as proof. The most reliable methods are:
Email can be a secondary method, but should not be used as the sole method of delivery unless electronic communication is specifically agreed in the lease.
The warning must state a clear date by which the tenant must rectify the breach. The typical time limit is 14-30 days, but in serious cases it can be shorter. Use a clear time limit, for example "by 31 March 2025", and state that if the situation does not improve within this time limit, the landlord has the right to proceed with termination or cancellation of the lease.
In the context of a building society, it is important to distinguish between a formal warning and an informal warning. A notice is usually the first step, which may come from the manager or the board of the housing company, either verbally or in writing.
A formal warning, on the other hand, is a legally significant measure that is given in a verifiable manner to both the shareholder and the tenant. Such a warning is a necessary step before the take-over process is initiated if the tenant's disruptive behaviour continues.
The building society can issue a warning for a number of reasons. The most common reason is a nuisance, such as repeated noise disturbances, disruptive parties or other activities that unreasonably disturb neighbours. Other possible reasons include:
For a reservation, demonstrable evidence of interference is required. A simple complaint from a neighbour is usually not enough, and there should be several registered reports or other documentation of the disturbance.
As a shareholder-landlord, you are legally responsible for your tenant's activities in the building society. Although the building management company can issue a warning about disturbances, it is important that you react to the situation yourself. If the management company has issued a warning to your tenant, you should also send your own written warning. This will ensure that you have the necessary evidence and clear proof that you have tried to resolve the problem before terminating the tenancy agreement.
The notice from the building management company must be served in a verifiable way - this could be by summons or other verified service with a written signature from the tenant or a postal receipt. The warning must be clearly stated:
Often, the warning is decided by the board of the building society, and the process is carefully documented in the board minutes, so that it can be used in any subsequent take-over process.
If the disturbances continue after the warning, the housing association can take over the management of the apartment. This is a legally demanding process where the general meeting decides to take possession of the apartment for a maximum period of three years. The decision to take possession requires detailed justification and documentation of previous warnings. Shareholders and tenants have the right to challenge the decision within 30 days. During the takeover, the housing company can use the rental income to cover, for example, unpaid rent or damages, and the excess will be paid to the shareholder.
The importance of documentation in the legal process
Keep all documents related to the issuing of the warning, such as read receipts for emails, proof of receipt of mail and tenant signatures. This evidence is critical in the event of a lease termination or eviction.
Active monitoring
Record all observations, such as dates, times and any information related to the dialogue. Also use photographs, written reports from neighbours and other evidence of the situation before and after the warning was given. Good documentation is essential if the situation progresses to legal action.
Effective interaction with the tenant is crucial to managing the tenancy. Before issuing a formal warning, it is essential to hear the tenant's views on the situation. This means asking the tenant openly what they think about what has happened and why the disruption has occurred. Hearing the tenant can reveal whether there is a misunderstanding or ignorance, which in turn allows the problem to be resolved without formal action. The main points of the conversation should be carefully documented - for example, by writing down the dates, times and key responses - so that you have the evidence you need if the situation later escalates.
An open and constructive discussion with the tenant can often resolve the situation before a formal warning is issued. Start the discussion in a neutral way by explaining the problem you have identified and its implications. Avoid blaming, but focus on a solution-oriented approach. Possible amicable solutions may include:
What is agreed in the negotiations should be documented in writing with signatures of both parties. This ensures that both parties are aware of the agreed measures and serves as evidence if the situation later requires formal action.
Effective cooperation is based on mutual respect and open communication. The landlord must show that he is ready to help and support the tenant in resolving the situation. Open communication can also strengthen the tenant's commitment to the tenancy and prevent future repeat offences. However, if the tenant is not cooperative or continues to commit violations, carefully document all discussions and agreed actions. This will serve as a basis for a formal warning and possible legal action later.
- Verbal communication without documentation: a written warning is always necessary because it leaves a trail confirming that the tenant has been informed of the breach.
- Vague description of the breach: clear keywords such as "unpaid rent", "disruptive behaviour" or "damage to the property" should be used in the warning so that the tenant understands exactly what the breach is.
- Unreasonably short time limit: a clear time limit such as "14-30 days" or "31.4.2025", is essential so that the tenant knows when the remedial action must be taken.
- Unclear method of delivery: use evidential methods such as a letter of receipt or signed acknowledgement of receipt to leave documentation of the warning to support legal action later.
- Aggressive tone: clear, calm and professional language improves cooperation between landlord and tenant and reduces the escalation of conflict.
With these tips, the landlord can ensure that the alert process is both functional and search engine friendly, which will improve the visibility and reader-friendliness of the article.
For what reasons can you issue a warning to a tenant?
A warning can be issued if the tenant fails to pay the rent, causes repeated disturbances (e.g. noise nuisance or inappropriate behaviour), damages the structure or furnishings of the dwelling, or uses the dwelling for a purpose other than that agreed, such as unauthorised subletting.
How many warnings are needed before eviction?
Usually one duly given written warning is enough. In serious cases, the landlord can start the eviction process after one warning, but in less serious situations, more warnings may be advisable.
How many warnings before the lease is terminated?
The law provides that one appropriate written warning is sufficient if the infringement continues or is repeated after that. If the situation is extremely serious (e.g. illegal transfer of tenancy rights or use of the dwelling for illegal activities), termination can be made without warning.
Can the housing company issue a warning to the tenant?
The housing company can issue a warning for a breach of the rules of order, but this is not a substitute for a formal written warning from the landlord, which is needed to terminate the tenancy agreement.
How to ensure that the warning is delivered correctly
Make sure that the warning is delivered in writing (e.g. by email, physical letter or personal delivery) and that clear documentation of the delivery remains, such as receipts or the tenant's signature.
Can a landlord negotiate amicable solutions before a formal warning is given?
Yes, open discussion with the tenant and negotiation of remedies can often resolve the situation without a formal warning. However, it is important to document all agreed measures in writing.
What to do if the tenant refuses a warning?
If the tenant does not accept the written warning or refuses to rectify the breach, the landlord should keep all documentation and, if necessary, seek legal advice to take further action, such as terminating the tenancy or eviction proceedings.
