Compelling the Landlord to Carry Out Major Repairs to the Leased Property
2024-05-24
Editorial note: This article cites a specific jurisdictional monetary threshold (twenty million tomans) that determines whether a regular court or a Dispute Resolution Council hears the case. This figure should be verified as current, and this article should be reviewed by a member of our legal team before publication.
If, after the lease contract is concluded, or during the lease term, the property comes to require major repairs, the landlord is obligated to carry out the necessary repairs. If the landlord fails to carry out the major repairs, the tenant may file a petition titled "compelling the landlord to carry out major repairs to the property." After examining the matter, and, if necessary, referring it to a court-appointed expert, the court orders the defendant to carry out the major repairs.
Parties to the Lawsuit
In this lawsuit, the tenant (plaintiff) files the petition against the landlord (defendant).
Competent Court
The jurisdiction of the courts of justice over financial claims is for amounts above twenty million tomans. Accordingly, if we value the claim for compelling major repairs at an amount above twenty million tomans, the court within whose jurisdiction the property is located has jurisdiction to hear the case. However, if we value our claim at less than twenty million tomans, the Dispute Resolution Council of the place where the property is located will have jurisdiction to hear the lawsuit.
Method of Enforcing the Final Judgment
Once a final judgment compelling the landlord to carry out the repairs is issued, if the landlord does not carry out the major repairs in question, the tenant may carry out the repairs at the landlord's expense, based on the opinion of a court-appointed expert, and deduct the cost from the rent. If the rent amount is insufficient to cover the cost of the repairs, the tenant may seize the landlord's other assets and fund the repair costs from the proceeds of their sale. If no assets of the landlord are available, the landlord will be subject to arrest (jalb) until the cost of the repairs is paid.
Some Key Points Related to a Lawsuit to Compel the Landlord to Carry Out Major Repairs to the Leased Property
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If the landlord does not carry out the major repairs within the period set by the court, the tenant may, under the court's supervision, repair the property and claim the costs from the landlord, or may instead terminate the lease contract. If the lease contract is terminated as described above, the tenant may, through a separate petition, demand the return of the property's security deposit from the landlord.
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The tenant cannot carry out major repairs to the property without a court judgment. If the tenant carries out major repairs without the court's permission, they cannot claim the repair costs from the landlord.
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It is for the court to determine whether a needed repair qualifies as a major repair or a non-major one.
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If the defect in the leased property existed at the time the contract was concluded, the tenant may terminate the lease contract, unless the landlord remedies the defect in the property.
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If the need for repair to the property arises from improper or abnormal use of the property by the tenant, the owner cannot be compelled to repair the property.
Source: Property Litigation, by Hossein Eghdami.