Claiming Rental Value (Ajr-ol-Mesl)
2024-06-08
For lease contracts concluded from 1997 (1376 SH) onward, once the lease term ends, the lease contract itself also comes to an end, and after the term expires, if the tenant keeps possession of the leased property without the owner's permission, the landlord is entitled to the rental value (ajr-ol-mesl) for that period, even if the tenant did not actually make use of the property. If, however, the tenant retains possession of the property after the term ends with the owner's permission, they only owe the rental value for the period during which they actually used it.
Therefore, if the owner demands the rental value and the tenant does not pay it, a petition claiming the rental value must be filed.
After holding a hearing and listening to the statements of both parties, if the court finds that the owner is entitled to the rental value, it refers the matter to an official court expert. The official court expert, by examining and assessing the rental value of the property in light of its location and conditions, and comparing it with similar properties, determines the amount of the rental value for the period during which the property was in the tenant's possession. The rental value may be lower or higher than the original rent amount.
Parties to the lawsuit
The landlord, referred to as the plaintiff, brings the rental-value claim against the tenant, referred to as the defendant.
Competent court
This petition may be filed in the court with jurisdiction over the location of the property.
Enforcement of the judgment
Once the tenant is ordered to pay the amount specified in the judgment, the landlord must, through issuance of a writ of execution, seize an equivalent amount of the tenant's assets — such as a vehicle, and so on — so as to obtain what they are entitled to through the sale of those assets. If no assets of the tenant are accessible, an arrest warrant is issued, and the tenant remains in detention until they either pay the amount of the judgment or file a petition of insolvency (eligibility for installment payment). Once the judgment becomes final and the writ of execution is issued, the landlord may also deduct and collect the rental value from the tenant's security deposit held by the landlord.