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Compelling Delivery of the Leased Property to the Tenant

2024-07-28

Compelling Delivery of the Leased Property to the Tenant

Legal Basis of the Petition

To file such a petition, a lease contract must first have been concluded between the landlord and tenant, with a specific date set for delivery of the leased property to the tenant; nevertheless, the landlord fails to deliver the property to the tenant by the set date. Accordingly, from the time the date for delivery of the property arrives and the property is not delivered to the tenant, the tenant may apply to the court to vindicate their right by filing a petition to compel delivery of the leased property.

Parties to the Lawsuit

The tenant who has not yet taken possession of the property in question is the plaintiff in the lawsuit and must file their petition against the landlord.

Competent Court

Under the Civil Procedure Code, any lawsuit related to a property is filed in the court of the place where the property is located.

Method of Enforcing the Judgment

Compelling Delivery of the Leased Property to the Tenant

After a final judgment is issued, if the landlord does not voluntarily deliver the property, the court will place the tenant in possession of the property by force, and, if it is not possible to deliver the property to the tenant, the tenant has the right to terminate the contract.

Some Key Points Related to This Lawsuit

  1. If the leased property is destroyed for reasons such as fire or earthquake, the lease agreement becomes void.

  2. With respect to immovable property, delivery of the property's key is treated as equivalent to delivery of the property, provided that full use and enjoyment of the property by the tenant is possible.

  3. The tenant may withhold payment of the rent for as long as the leased property has not been delivered to them.

  4. If the tenant is unable to compel the landlord, they have the right to terminate the contract, and, if they do not wish to terminate the contract, they may instead pursue the landlord -- who is treated as a usurper (ghaseb) of their benefit -- for the rental value (ajr-ol-mesl) of the benefit.

  5. The lease contract may set liquidated damages for the landlord's delay in delivering the leased property, in which case the tenant may claim, in their petition, damages for the landlord's delay in performing their obligation up to the date the petition is filed.

Source: Property Litigation, by Hossein Eghdami.