I have been staying in a studio flat in Abbasiya for the past three years (Since Jan 1, 2010) and possess the original contract as well as the rent bill presented to me every month.

In July 2012, the rent of almost 30 family studio flats was increased by 5 dinars and at the same time our landlord said that besides the increase in the rent everyone had to give the harris another 5 dinars for picking up the waste daily. From 75 dinars, original rent, we have been giving 85 dinars until February 2013.

Now the landlord has ordered us to pay another 5 dinars from March 2013 so the rent will become 85 dinars plus the 5 dinars we have to pay the harris. We, the tenants have the following questions.

1. Where can we challenge this issue. Where is the Rents Court. Where should we deposit the rent from next month if we go to court?
2. If we file a case, can the landlord order us to vacate the premises or by force (with the harris) remove us from our rooms?
3. If we file a case, do we need a lawyer to fight the case in court?
4. Can the landlord cut our electricity and water supply without our permission to force us to vacate the premises?
5. How long will it take to get the issue settled and will the verdict favor us on the rent issue or the landlord?

Names withheld
Answer: First of all, you all were wrong to accept to first increase without the change in contract. But as you accepted the increase, it means you gave your consent.

But now, you can refuse to accept another increase and take the case to court because no rent can be increased without the consent of both the parties or it is imposed as a result of an arbitration of the Rents Court or after five years from the signing of the first contract.

Now you can challenge this rent increase at the Rents Court in Hawalli, opposite the Qadsiya Sports Stadium. This is also the place where you will have to deposit the rent by the 20th of every month until the case is settled. Failure to deposit the rent by this date can result in you being officially evicted from the apartment through an order by the court.

You don’t need a lawyer to fight the case because the court will designate an expert to look into the issue. This expert will give his report, after studying your contracts and also whether the increase is justified considering the rents of similar apartments in the area. His report will recommend a solution to the problem, including an increase or status quo in the situation. It is then up to the court to accept or reject the expert’s recommendation but normally it accepts it.

If you file this case, the landlord can’t order you to leave the apartment until there is a court verdict and issue is settled. You also can’t be forcibly removed from the room and if the landlord tries to do so you can file a case with the police but please remember to keep the rents deposit slip — the one from the court — to show to the police. The police can take action against the landlord and the harris if force is used against you.

The power or the water supply can also not be cut and again in such a situation you can go to the police if this action is taken. If the landlord resorts to such an action, legal action can be taken against him, both by the police and the court.

The issue is settled very quickly and normally doesn’t take over a few months, and sometimes it is even quicker than that but we can’t say in whose favor the verdict will go although the law is on your side because once a rental contract is signed the rent can’t be increased before five years. The court has to look at a lot of things including the fact whether the rent of similar apartments is less or more. It could accept the whole rent increase or a part of it or reject it altogether.