Translation of the attached article:
Many property owners suffer from the problem of tenants failing to pay rent on time, which forces the owner to evict the tenant for non-payment of rent and resort to the law.
Therefore, property owners must know the procedures and conditions they should follow and comply with in order to evict a tenant, as well as the reasons that justify doing so, so that they are not exposed to legal liability. In this article, we will explain the procedures for evicting a tenant, the necessary steps, and the cases that require evicting a tenant from the property.
What Is Meant by Tenant Eviction Under the Saudi System?
Tenant eviction is a lawsuit filed by the landlord or property owner before the competent court, requesting that the tenant be obligated to vacate the property and that the owner be enabled to recover possession of it.
This occurs due to the end of the contractual relationship between the landlord and tenant, or due to the existence of a legitimate reason that justifies vacating the property.
Tenant Eviction Procedures and When Are They Lawful?
Tenant eviction procedures begin amicably and then move to litigation. Below, we explain the procedures followed as follows:
Amicable Settlement or Eviction Notice:
The owner sends a legal eviction notice to the tenant, whether through an accredited lawyer or an official letter. It is preferable that the notice be documented and sent sufficiently in advance.
Filing a Lawsuit:
If the tenant refuses to vacate, an eviction lawsuit may be filed before the competent court according to the type of property. Supporting documents should be attached, such as the lease contract, if any, proof of non-payment if the claim is due to rent, and the reason for eviction or evidence of the need.
Issuance of the Judgment:
The court hears the lawsuit and listens to both parties, then issues an eviction judgment if it is convinced by the justifications.
Enforcement of the Eviction Judgment:
Once the judgment is issued and becomes final, it is referred to the Enforcement Court, where the tenant is granted a period for voluntary enforcement. If the tenant refuses, the enforcement authority vacates the property by compulsory force.
The Difference Between Tenant Eviction, Lease Termination, and Contract Cancellation
Tenant eviction means ending the tenant’s occupation of the property and obligating them to hand it over to the owner, whether due to the expiry of the contract, the issuance of a court judgment, or the existence of a legal reason permitting eviction.
Lease termination means ending the contractual relationship before the end of its term due to one party breaching their essential obligations, such as refraining from paying rent or violating the contract terms. Contract cancellation means ending the contract by agreement of both parties or due to the existence of a legal reason affecting the validity or continuation of the contract.
Because a documented lease contract may be an important basis for requesting eviction, we advise you to read about the conditions of an electronic lease contract before taking any legal action.
Reasons That Justify Requesting Tenant Eviction
There are reasons that must exist to request tenant eviction. These reasons include the following:
Non-Payment of Rent:
The owner has the right to begin tenant eviction procedures if the tenant refuses to pay the rent amount on time, if the lease contract is documented on the Ejar platform, and if the tenant continues not to pay despite being warned or notified.
Expiry of the Lease Term:
If the lease term expires and the tenant refuses to vacate the property, or if no agreement is reached to renew the contract, the owner may then submit an eviction request, provided that the legal procedures are followed.
Violation of Lease Contract Terms:
The owner has the right to evict the property if the tenant violates the contract terms, such as using the property for a purpose other than the agreed purpose, making substantial modifications to the property without permission, or subleasing without obtaining the owner’s consent.
Damage to the Property:
If it is proven that the tenant caused serious damage to the property or neglected the property in a way that caused it to deteriorate, the owner may then claim eviction and obtain compensation for the damages.
Using the Property for Activities That Violate the Law:
If the property is used for unlawful activities or acts contrary to public morals, the owner has the right to request immediate eviction through the competent authorities.
Conditions for a Tenant Eviction Lawsuit Before Filing It
There are several legal conditions that must be met for a tenant eviction lawsuit to be accepted, the most prominent of which include:
- The existence of an informal or documented lease contract defining the rental relationship.
- The expiry of the contract term between the landlord and tenant and proof of breach of its terms.
- The availability of prior notice, as it is often required to send an eviction notice to the tenant before filing the lawsuit.
- The person filing the eviction lawsuit must be the true owner or their legal representative.
- If ownership is disputed, the eviction lawsuit may be suspended until the ownership lawsuit is decided.
- Compliance with legal procedures, as the claimant or plaintiff must follow all required legal procedures to guarantee their rights.
Documents Required Before Starting Eviction Procedures
Certain documents must be submitted for the tenant eviction lawsuit to be accepted and delivered to the competent court, as they prove the rental relationship between the owner and the tenant. The most prominent documents include:
- The property ownership document or deed to prove the landlord’s right to request eviction.
- The lease contract documented by an official authority or through the Ejar network to prove the contractual relationship.
- Legal notices or warnings addressed to the tenant for payment or eviction.
- Rent payment bonds and receipts to prove delayed payment or payment status.
- Documents supporting the reason for eviction, such as misuse reports or damage reports.
Steps for Evicting a Property Through Najiz Step by Step
A property eviction lawsuit is filed through the Najiz electronic platform by following these steps:
- Prepare the statement of claim, which must include the contract, property data, documents, and reason for eviction.
- Attach essential documents such as the lease contract, notices, and payment bonds.
- Refer the lawsuit to the General Court or to the enforcement circuits if the contract is an enforcement instrument, in which case the claim is before the Enforcement Court.
- An eviction judgment is issued and enforced after the judgment becomes final.
When Is Eviction Through the Enforcement Court and When Does It Require a Lawsuit?
The owner may go to the Enforcement Court if they have an enforcement instrument that permits requesting eviction, such as certain judgments, contracts, or documents to which the law has granted direct enforcement power.
However, if there is a dispute over the right to eviction, or a disagreement regarding mutual obligations or contract clauses, it may first be necessary to file a lawsuit to obtain a judgment confirming the owner’s entitlement to eviction before starting enforcement procedures.
Rights of the Owner and Tenant During the Eviction Lawsuit
During the hearing of the eviction lawsuit, both the owner and tenant enjoy several rights that ensure no party is harmed before the final judgment is issued. The owner has the right to submit documents and evidence proving their entitlement to request eviction, such as the lease contract or proof of violation or breach by the tenant of the agreed terms.
The tenant has the right to defend themselves, submit their defenses and documents, and object to the request if there is no legal reason justifying eviction, or if there are obligations that the landlord has failed to fulfill. The tenant also has the right to present observations regarding the facts or procedures relied upon by the other party.
