The relationship between landlords and tenants is one of the most complex contractual relationships. The seriousness of the problems that occur between the two parties sometimes leads to the termination of the contractual relationship.
Leasing contracts must be well defined and allocated in order to avoid future disputes or problems, either on the contract’s renewal or when the lessor asks the lessee to vacate the leased premises.
All parties should be aware of cases requiring eviction such as illegal use, subleasing without the landlord’s permission, damage to property and late payment of rent. When parties agree to delay payment of rent, this should be evidenced by a written agreement that preserves the rights of both sides.
One of the most important items that must be precisely defined is the contract’s duration clause. As well as specifying dates, notice of the other party’s desire to renew or terminate the contract should be properly emphasized.
It is also necessary to clarify the type of care required by the tenant. To add some flexibility to the tenant’s use of the property, the parties may agree on the possibility of making changes and repairs subject to the lessor’s written permission.
Many people complain about rapid and unreasonable rises in rent. That is why we look forward to the adoption of a strict legal system governing the process of raising rent without bringing any unpleasant surprises to the tenant.
Professional and proper clarification of the lease’s terms will contribute to saving the parties many hardships and obstacles, and ensure maximum benefit for both sides. For this reason, the Saudi Housing Ministry has launched the Ejar program through its portal, with the participation of several ministries including justice, interior, and commerce and investment.
Ejar aims to consolidate and authorize contracts to guarantee the parties’ rights and reduce damages resulting from weak contracts, since approved contracts can be directly enforced by law.
The most important questions are whether the benefits of this service have been delivered in an adequate manner to the people concerned, and whether the adopted model will be in line with the developmental changes taking place in the real estate market. The answers to these questions will determine the extent to which the parties to the rental process benefit from it.
Dimah Talal Alsharif is a Saudi legal consultant, head of the health law department at the law firm of Majed Garoub, and a member of the International Association of Lawyers.
