Early termination of the lease of the flat

[Klaudia]

I would like to move out of the flat early and not have to give notice of termination of tenancy because of the annoying noise of the renovation which has been going on for almost two years, but recently I have lost my nerve and I have had enough. In addition, the landlord raised my rent despite these inconveniences. We already have a conflict so he won't do anything of his own volition to accommodate me. The noise is unbearable, he even drilled holes in my ceiling once. In addition, the deposit is in his private account and I am afraid that I will not get it back. Outside the house, where my car is parked, he has set up a camera, I feel controlled. Does anyone know of a way to resolve this matter?

[krikkert]

In order to avoid the requirement of giving notice, the requirements in the Tenancy Act § 2-12 cf. § 5-8 must be satisfied. In short, the landlord must be deficient in fulfilling his duties according to the law and the tenancy agreement, and his deficiency in doing so must be so negligent that it's legally unreasonable to demand that you follow the law and/or contract's rules on notice period. 

The landlord raising rent is, if done in accordance with the Tenancy Act chapter 4, not a deficiency. He is legally allowed to do that. You're allowed to demand a rent decrease for other deficiencies, but until you do, him demanding legal rent is not a deficiency at all. 

Keeping the deposit in a private account is a deficiency, but the law provides sufficient remedy in section 3-7, and without further deficiencies, it is not enough. 

Noise from renovation may be a deficiency. The Tenancy Act § 5-2 requires the landlord to ensure the property has a normal level of public and private order. As to renovations, the landlord is entitled to renovate the non-rented parts of the property without the tenant's consent, § 5-4. Renovating - or changing - the rented parts of the property is only allowed without the tenant's consent if the renovation can be done with only minor inconvenience to the tenant, and only if the tenancy does not lose value. 

In order for noise inconveniences to be a sufficient deficiency to terminate the agreement without a notice period, however, the inconveniences must be of such a level to make the unit unusable for its purpose. If it's livable for a notice period, the law will not open for skipping the notice period. 

[Klaudia]

Thank you for the great response, unfortunately it is not very positive for me as a tenant. I will try to describe the situation better. I have lost my mental health in this flat, which is why I have handed in my notice of termination because I don't have the strength to put up with it any longer. The landlord has been renovating the whole building since I've lived here. He has replaced the entire roof and trusses, ripped out the old facade boards and insulated the house, and is now making the entire attic above my flat from scratch. Sometimes the noise is unbearable and I've had to use earplugs to get through the day. Many times the noise makes my glasses  shake. I get up for work at 3.30am and need to get some sleep during the day.

[Klaudia]

In addition, they come to me and threaten me that I have to contribute to their rent because my partner is staying with me. In winter, he did not fulfil his snow clearing duties and more than once I could not leave the property to go to work. They have charged me an additional repair fee for repairs to the flat without providing receipts for the materials and repair service, and have made me pay the cost of repairing a washing machine that was not broken through my fault, but I have not been able to prove this. They installed the camera without my consent. All this makes me not want to stay there a day longer.