A tenancy is a continuing relationship, and most of its disputes arise from accumulation rather than a single event: repeated late payment, a change of use, deferred maintenance. Early documentation and formal notice are what decide the dispute later.
The practical rule: a formal notice is not escalation; it is what builds the file. Eviction is not ordered on an oral complaint.
Contents
1) The Lease and Its Elements
The Property Leasing Law and the general rules of the Civil Code govern the tenancy. A lease should contain:
- Identification of the premises beyond ambiguity.
- The purpose of use — residential, commercial or professional.
- The rent, its due dates and method of payment.
- The term and the mechanism for renewal or termination.
- The deposit and the conditions for its return.
A material effect: the stated purpose is no formality; using the premises other than as let is an independent ground for eviction.
2) Obligations of the Parties
The landlord
- Delivering the premises fit for use.
- Guaranteeing quiet enjoyment.
- Structural maintenance and major repairs.
- Warranty against latent defects and disturbance.
The tenant
- Paying rent when due.
- Using the premises for their intended purpose.
- Preserving them and carrying out tenant's repairs.
- Returning them at the end in the agreed condition.
A practical distinction: major maintenance (structure, main services) falls on the landlord; tenant's repairs (day-to-day wear) fall on the tenant — and most disputes arise from failing to define them in the lease.
3) Rent and Increases
- Rent is fixed by agreement, and increases are subject to the conditions and intervals prescribed by law.
- A unilateral increase outside what the law or the lease permits is ineffective.
- A tenant may contest an increase lacking a proper basis.
- Rent is best paid by a traceable means — bank transfer or signed receipt.
Evidential advice: paying in cash without a receipt is the single greatest weakness in a tenant's position in a non-payment eviction claim.
4) Grounds for Eviction
- Non-payment of rent after notice and expiry of the period allowed.
- Use of the premises otherwise than as agreed.
- Material alterations without the landlord's consent.
- Subletting or assignment without consent where required.
- Damage to the premises or misuse.
- The owner's own need for the premises, on the conditions the law prescribes.
Important: the ground for eviction must be established by documents, not assertion. Formal notice with proof of delivery is the cornerstone.
5) Eviction Proceedings
- Formal notice to pay or to remedy the breach, allowing a period to comply.
- Filing the claim before the competent rental circuit, with the lease and the notice.
- Claiming arrears alongside eviction in the same proceedings.
- Judgment and enforcement, and delivery of possession.
To save time: combine the claim for eviction and for rent arrears in a single action rather than two successive ones.
6) Assignment and Subletting
A tenant may assign the lease or sublet unless prohibited by the lease or by law.
- A prohibition clause makes breach a ground for eviction.
- The landlord's consent should be in writing rather than oral.
- The original tenant remains liable to the landlord unless expressly released.
7) Other Property Disputes
- Title disputes and the validity of registration.
- Partition among co-owners and impracticability of division in kind.
- Pre-emption, its conditions and narrow time limits.
- Easements, rights of way and overlooking.
- Building defects and recourse against the contractor — see our guide to construction contracts and decennial liability.
8) Practical Guidance
For landlords
- Photograph the condition of the premises at handover.
- Serve formal notice; a phone call is not enough.
- Keep an organised record of payments.
- Never cut services to force a tenant out — it may rebound on you.
For tenants
- Pay by a means that leaves a documented trail.
- Obtain written consent for any alteration.
- Document any major fault and notify the landlord in writing.
- Never vacate without a handover record.
A warning for landlords: cutting electricity or water, or changing locks to force a tenant out, may create liability for the landlord and reverse their position in the proceedings.
Facing a tenancy dispute, an eviction claim, or a property dispute? Contact Attorney Meshari Obaid Al-Enezi — Yumnaak Law Firm.
