Eviction for Non-Payment of Rent
2024-08-02
Legal Basis of the Petition
This lawsuit arises in connection with commercial-property lease contracts that carry business/goodwill rights (haqq-e kasb-o-pisheh) and were concluded before 1997 (1376 SH). The tenant is obligated to pay the rent for the goodwill-bearing property by the date set in the lease, and, after the lease term ends while the leasehold relationship continues, to pay the rental value (ajr-ol-mesl), equal to the same rent amount, to the owner within ten days of the end of each month.
Now, if the tenant fails to pay the rent on time, the landlord sends them an official notice (in the case of an ordinary lease, or where there is no lease at all) or a notary's notice (in the case of an official lease), giving the tenant ten days to pay the overdue installments. If the rent remains unpaid, or is paid late, the owner may file a lawsuit for eviction due to non-payment of rent. If the court finds that the tenant has defaulted, it issues a judgment for eviction of the property and gives the tenant a period of not less than ten days and not more than two months to vacate the property and deliver it to the owner.
Parties to the Lawsuit
The landlord, or the property owner seeking eviction, must, as plaintiff, file the lawsuit against the tenant as defendant.
Competent Court for an Eviction Lawsuit Due to Non-Payment of Rent
Although eviction lawsuits generally fall within the jurisdiction of the Dispute Resolution Council under the relevant statute, because this type of eviction is connected to property carrying goodwill rights, the competent forum for this lawsuit is the court located in the place where the property is situated.
Method of Enforcing the Judgment
Once the judgment for eviction of the leasehold (sarqofli) due to non-payment of rent is issued, it is sent to the enforcement of judgments unit, and the civil enforcement of judgments unit will, within the period set by the court, proceed to evict the property without receiving any amount from the landlord under the heading of a goodwill right.
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Source: Property Litigation, by Hossein Eghdami.