In an effort to alleviate the burden of real estate owners, and to avoid prolonging litigation, the government referred to the National Assembly a draft law adding a new article to Decree Law No. 35 of 1978 regarding real estate rent.
The draft stipulates that “the lessor and the lessee may agree to ratify the lease contract and append it in the executive form, and make it in the force of the executive document to require the late rent after warning the tenant and submitting a certificate stating that the rent has not been deposited,” reports a local Arabic daily.
The explanatory note stated the following:
In view of the nature of the rental dispute and the provisions regulating it contained in Decree-Law No. 35 of 1978 in the matter of renting real estate, which revolves around simplifying the procedures for examining and adjudicating the dispute on an urgent basis in order to avoid prolonging the litigation period, and ease the difficul situation faced by a large number of real estate owners due to the seriousness of the lease and the large number of lease contracts, and its impact on many aspects of economic and social activity in the state, adding a new article No. 11 bis to Decree-Law No. 35 of 1978 in the matter of real estate lease, permitting the agreement of the landlord and tenant to append the lease contract in the executive form, and make it in the force of the executive document has become necessary.
In the matter of paying the rent only without the rest of the other rights and obligations stipulated therein, this requires that there be a written lease contract signed by both parties, that the rent contained therein be of a certain amount, if the performance is on a specific date, and that the lessor and the tenant appear before the notary to ratify their signatures on the lease contract and append it in the executive form in accordance with the provisions of Law No. 10 of 2020 regarding documentation and its executive regulations.
it goes without saying that the added text applies to lease contracts existing at the time of its implementation, and those that are emerging after that.
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