A New Draft Law To Relieve Property Owners Is Referred To Parliament By The Government

A draft law amending Decree Law No. 35 of 1978 related to real estate rent was sent to the National Assembly as part of government efforts to alleviate the burden of real property owners and to avoid prolonging the litigation process.

A local Arabic daily reports that the draft specifies that "the lessor and the lessee may agree to ratify the lease contract and to add it to the executive document, which will require the tenant to pay late rent after warning the tenant and supplying a certified statement that the rent has not been paid."

According to the explanatory note:

Considering the seriousness of the rental disputes and the provisions regulating them in Decree Law No. 35 of 1978 governing the rental of real estate, which involves simplifying the procedures for examination and adjudication of the disputes immediately to avoid prolonging the litigation period, and easing the difficult position faced by a large number of real estate owners, we thought that it would be important to speed up the court proceedings. Due to the large number of lease contracts in the state, and their impact on a variety of social and economic activities in the state, it has become necessary to add an article 11 bis to Decree-Law No. 35 of 1978 relating to real estate leases, allowing landlords and tenants to sign the lease contract in executive form, and have it become an executive document.

If only the rent is paid, without any other rights or obligations stipulated therein, a written lease contract must be signed by both parties, that the rent contained therein is of a certain amount, if the performance is on a specific date, and the lessor must be responsible for any damages or costs that may result from the breach of the contract. In accordance with the provisions of Law No. 10 of 2020 regarding documentation and its executive regulations, the notary and the tenant ratify their signatures on the lease contract and sign it in the executive form.

Additionally, the added text applies both to lease contracts already in existence at the time of implementation and to those that are drafted afterward.

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