Kuwait introduces new rules for rental contract notarization and enforcement
The new amendments to Kuwait's rental law allow landlords and tenants to notarize rental contracts, making them legally binding and enforceable.
• The notarized contracts can be used to expedite the collection of overdue rent.
• The amendments also introduce changes to the appeals process for rental disputes.
Kuwait has recently introduced significant amendments to its rental law, providing landlords and tenants with a more streamlined and efficient way to handle rental agreements.
Under these new regulations, both parties can now opt to have their rental contracts notarized at the Ministry of Justice, reports Al-Rai newspaper.
This notarization process involves both the landlord and tenant signing the contract in the presence of a notary public, thereby making the agreement legally binding and enforceable.
To facilitate the collection of overdue rent, the notarized contracts can be used as a basis for legal action. If a tenant fails to pay the agreed-upon rent, the landlord can initiate legal proceedings to recover the outstanding amount.
However, to initiate such proceedings, the landlord must first issue a formal notice to the tenant and provide proof that the rent has not been paid.
The amendments to the rental law, specifically Article 11 bis of Decree Law No. 35 of 1978, outline three essential conditions for notarizing rental contracts:
- There must be a written rental agreement signed by both the landlord and the tenant.
- The rent amount must be clearly stated in the contract and payable on a specific date.
- Both the landlord and tenant must appear before a notary public to sign the contract and have it notarized.
In addition to the changes related to contract notarization, the amendments have also modified Article 26 of the decree.
This amendment stipulates that appeals against rulings issued by rental courts must now be filed with the Court of Appeal.
