Rental Law: Lease expiry does not necessarily mean eviction

Awatif Al-Dousari

“Some may assume that the expiration of the term specified in a lease agreement automatically ends the landlord-tenant relationship and requires the tenant to vacate the property,” Kuwaiti Lawyer Awatif Al-Dousari wrote for Al-Seyassah daily.

“However, Kuwaiti tenancy law provides a clear legal framework for such situations, recognizing an important legal consequence when a tenant continues to occupy the property after the lease expires, provided the landlord is aware of the continued occupancy and does not object. Article 19 stipulates that a lease agreement terminates upon the expiration of the period specified in the contract.

However, the article also addresses cases in which the tenant continues to occupy and use the leased property after the contract expires. If the tenant remains in possession with the landlord’s knowledge and without objection, the lease is considered renewed under its original terms. Such renewal takes effect for a period, or successive periods, equivalent to the intervals established for rent payments. Consequently, the expiration of the original lease term does not, by itself, bring the landlord-tenant relationship to an end, provided the tenant continues to occupy and use the property with the landlord’s knowledge and without any objection or clear action indicating the landlord’s intention to terminate the relationship.

This highlights the legal significance of the concept of “implied lease renewal.” The law attaches a specific legal consequence to the landlord’s silence when the tenant continues to use the property with the landlord’s knowledge and without objection. In such cases, the lease is deemed renewed under its original terms, although its duration is adjusted according to the agreed rent payment schedule. Therefore, if rent is paid monthly, the lease is renewed for successive one-month periods.

If rent is paid quarterly, the renewal applies for successive three-month periods, and so on. This applies unless the parties have agreed otherwise or either party takes the necessary legal steps to terminate the relationship. The legislator has not left the termination of this renewed lease to the unrestricted discretion of either party. Instead, the law requires a formal notice to vacate to be issued within the legally prescribed timeframes, unless the parties have agreed on a specific notice period, in which case the agreed timeframe must be respected.

Consequently, the claim that a lease automatically terminates upon the expiration of its original term is not universally applicable. An exception arises when the tenant remains in possession of and continues to use the property with the landlord’s knowledge and without objection. In such cases, the landlord’s silence may carry a legal consequence, resulting in the renewal of the lease agreement.

The purpose of this legal framework is to ensure stability in rental transactions and protect tenants from uncertainty regarding their legal status. It also places a clear obligation on the landlord - if they wish to terminate the lease, they must clearly express their intention within the timeframe and in the manner prescribed by law. Therefore, the expiration of a lease term does not always mean the end of the rental relationship. A fixed-term lease may, by operation of law, be renewed if the tenant continues to occupy and use the property with the landlord’s knowledge and without objection. In such cases, the landlord-tenant relationship continues under the original terms for the renewal period established by law.”

— Compiled by Simi K. Kutty