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Monday , September 28 2020

‘Not permissible to evict tenants if rent unpaid from March – June’

‘No excuse , rent can be paid in installments ‘

KUWAIT CITY, July 22: Senior legal sources, in exclusive statements, affirmed that proposals to amend rent law may include stipulation that “it is not permissible to evict tenants from private residences in the event of their failure to pay rent throughout the period of March 12 to June 30, but the rent must be paid”, while the law provides the possibility of allowing rent payment on installment basis with the understanding that the rented property had been used, reports Al- Anba daily.

They went on to say that “starting from the 1st day of this month, the current law for rents became effective, indicating the rent must be paid on the date due, which is from the beginning of the month until the 20th without installments.

As for commercial rental contracts, especially those on investment contracts, non eviction and installment of rents will also apply to them if the court determines that they deserve it, in light of the total and partial ban, sources said, denying the existence of any amendment stipulating deductions from rent.

Permitted
In view of Cabinet’s decision stipulating the activities permitted to work and those not permitted to work, sources said it will be opened before the judiciary to examine the legality of cases of exemptions from the rents owed during the mentioned period, which many tenants see as not deserving, similar to the decisions to exempt most commercial and investment contracts from rent.

They explained activities that were not allowed to hold during the ban period will be examined in court on a caseby- case basis, then ruling will be issued against eviction, and allow payment by installment or exemption, indicating ruling will take one to three years up to the Cassation level.

The same sources emphasized the unconstitutionality of issuing an amendment to the Tenancy Law by exempting rents for a specific category of tenants – even if their activities were investment, while the contract is law binding on the parties of the contract, noting the importance of creating a special department to consider rent cases that will be estimated in thousands.

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