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Law 20 Of 2015, Rents Law

Original Language Title: القانون 20 لعام 2015 قانون الإيجارات

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Law No. 20 of 2015 Rent Act


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Act No. 20 of 2015
Date-birth: 2015-11-11 History-Hjri: 1437-01-30
Published as: 2015-11-11
Section: A law.

Information on this Act:
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Law No. 20 of 2015
Rent law

President

Based on the provisions of the Constitution, and as approved by the People's Assembly at its meeting held on 22 /1/1437 A.H., 4/11/2015, my birth. The following are issued:

Article 1

a. shall be subject to the will of contractors to lease property for housing, hospitality, tourism, recreation and real estate for the exercise of commercial, industrial, professional, free, legal or leased occupation for public authorities, administrative units, public sector institutions or Joint, educational institutions, schools, political parties, grassroots organizations or unions at different levels or associations.

b. shall remain subject to the will of contractors from the date of the entry into force of Act No. 6 of 2001, the rental of real estate for housing, hospitality, tourism or recreation and remains subject to the will of contractors from the date of the entry into force of Act No. 10 of 2006, renting out real estate for doing business or Industrial, professional, free, scientific, legal or chartered profession for public bodies, administrative units, public or joint institutions, educational institutions, schools, political parties, grass-roots organizations or trade unions at different levels or associations.

c. The leased properties remain in force under the provisions of Legislative Decree No. 111 of 1952 and its amendments are subject to the provisions of the statutory extension and the determination of the lease allowance.

Dr. The real estate wages set out in paragraph c of this article shall be determined in accordance with the ratio derived from the value of the property paid at the date of the adjournment of the application for the year of birth:

1. 5 percent of the value of the rental property of the housing plus 20 percent of the value of the furniture inside the lease contract.

2. 6 percent of the value of real estate leased for a free or legally regulated profession.

3. 7 % of the value of real estate leased to the official chambers for use by courts or lessors for commercial or industrial investment, professional or leased occupation of political parties, public bodies, administrative units, grassroots organizations or unions at various levels or associations.

4. 8 percent of the value of the paid real estate for use of schools.

Article 2

In contrast to any agreement, the rental allowance may not be charged in advance for a period of more than three months for the real estate to be rented by the Hakimi extension.

Article 3

a. The rental contracts of the administrative units "county, city, town, municipality" shall be recorded as containing the contractual identity, address, signature or legal representation of the contractors, the duration of the lease, the pay descriptions and the purpose of the lease and all conditions agreed upon and met When registering a fee of 1 percent of the monthly rent allowance, it is not less than 500 Syrian pounds for residential real estate and a thousand Syrian pounds for commercial or industrial real estate and the technical and service offices. The minister of local administration will issue the executive instructions for this recording.

b. The request to register and document the lease as described in paragraph A of this article shall not be accepted unless it is provided by the independent owner of the real estate or who owns shares in the common property at least 75 % of the total shares listed in the real estate registration issued by the real estate record or similar to the other official restrictions, such as temporary record restrictions, the public institution of housing, the military social institution, the military housing institution, the housing cooperative, or our headquarters, with the document of the inheritance of the owner of the deceased property or by a judicial ruling that has acquired the status of determinism or from They are represented by law and the newspaper of the property sentenced to the plaintiff is free from any indication of a dispute over ownership prior to the plaintiff's reference. Excluded from that owner for the share of a detachment of the property equal to its share is documented by the competent administrative entity.

c. The Minister of Local Administration shall issue the executive instructions governing this article and its instructions regarding buildings in the areas of random housing or irregularities that have been settled.

Article 4

a. The tenancy contract under article 1, paragraphs (a) and (b), of this Act, which is registered under article 3 of the Act, is an executive title of article 273 of the Trial Assets Act of Legislative Decree No. 84 of 1953 and its amendments and by virtue of which the lessor is entitled or who is legally represented by the deposit of the lease mentioned by the Implementation Service to recover its property for the expiration of the term specified in the lease or to collect the wages due to which the lessee is paid.

b. Unregistered leases concluded under the provisions of this Act, Act No. 6 of 2001 or Act No. 10 of 2006 shall be subject to their substantiation of the legal rules in force and shall be subject to the provisions of paragraph (a) or article 1 (b) of this Law.

Article 5

a. If the lessor, the owner or the tenant in the lease of the property subject to the ruling, the Magistrate's Court appointed an expert or three experts to assess the value of the property under the following rules:

1. To agree to the selection of the expert or the three experts, in this case, the Court shall prove their agreement in the minutes of the meeting and decide to appoint the experts selected.

2. If the opponents do not agree on the selection of the expert or the three experts, each of them shall nominate an expert from the table of experts announced by the Ministry of Justice and the court appoints the third expert from this table.

3. If a liability is prevented from naming an expert, his or her choice is returned to the Tribunal.

4. In the ongoing trials as a result, the court has the right to choose the expert in individual experience. In the tripartite experience, it remains the right of the present party to nominate its expert.

b. In the common real estate, the judgement in the pay allowance in the rent allowance is valid from the owners of the majority of the shares to all owners unless it is established that the judgement was built on fraud or a ruse.

If the case is raised by the partners who own the quota, the provision for the payment of the fare is limited to their share.

c. The court rules that the defendant must be bound by all expenses unless it appears that the son is not in a grave or proven to have caused the expense of useless expenses, in which case the court has the right to distribute expenses between the parties for the fair amount that they deem.

Article 6

a. The claim of the lessee or the lessee in the lease allowance does not exempt the lessee from paying the rent allowance due under the legal provisions that the calculation shall take place after the judgement of the peremptory degree has been issued and put into effect by the estimated fare applicable from the date of the claim.

b. The prosecution hears and specifies the fare only once every three years and starts this term from the date of contract or from the date of the written consensual agreement on the amendment of the fare or from the date of the previous claim.

Article 7

The provisions of article 1, paragraphs (a) and (b), of this Law and the provisions of Article 4 of this Law shall not be governed by the abandonment of the property of a property set out in this Act, which is subject to the extension of the judgment, except in the following cases:

a.

1. If the tenant does not pay the fare legally due or estimated within thirty days of the day after being notified of her claim by a postcard or an ultimatum by the clerk of justice, the claim is considered only if the required amount is stated and the duration of the claim is stated. Accumulated past tenancy is a normal religion that does not require non-abandonment, and the postal claim is legal if it is carried out with an open postcard, which is reported to the private address or to one of his relatives living with him in the accommodation or one of his partners or employees in the leased places. Non-housing when there is no address to the fact that the amount is 18 years old, and if that is not possible or the rejection of one of the indicated They shall report to the competent staff member on the door of residence of the designated tenant and shall state how the notice of receipt shall be reported by the competent staff member and witnessed by two witnesses, the selected shop or a police officer during the performance of his or her job.

The subject of the address is appointed by the sender of the card or the alarm in a clear way from what the parties stated in the rental instrument. The rental property may be counted as a place of residence in the event that the address is not appointed and the sender of the card should indicate his address in the claim card.

If the deadline for a performance or deposit happens to be a weekly or official holiday, it will be extended to the first working day after it.

Legal persons are notified according to the Code of Civil Procedure and in general, no communication may be carried out before 8 a.m. and not after 6 p.m. and not on weekends or official holidays.

2. The tenants are entitled only once to avoid the evacuation provision if within thirty days of the same amount, the notice of the invitation to the trial or the notice of notice when the notice of the invitation in particular does not inform the performance of the fare and its benefits by 5 % of the maturity date to the date of payment and to the court. When you control the tenant with expenses, fees and fees.

b. If the tenant abuses the use of the wage, it is an act of sabotage that does not arise from the normal use or use or permit to use it in a manner that is contrary to the terms of the contract or constitutes a tyranny.

c.

1. The remuneration or waiver of the lessee is either remunerated or not without written permission from the lessor.

2. Excludes from eviction in the case described in item 1 of this paragraph if the property is leased for commercial, industrial, pharmaceutical, free, intellectual, scientific, legal or craft occupation, and the lessee or heirs wish to sell or waive it in its entirety.

In this case, the lessee or its heirs must accept the sale and the waiver to inform the independent owner, heirs or owners of the common occurrence of at least three quarters of the shares with an open postcard or by letter sent by the writer with the justice in his estate. The lessor is aware of the price on which it is offered, and the owner has the option to arrest 10 percent of the price offered in return for its approval of the sale and concession or to express its desire for its preference in purchase. In this case, it must deposit the price less than 10 percent of the indicated price. To her within thirty days of the date of the judicial address in the Fund of the Implementation Service, which is located in its leased property. For the benefit of the lessee is conditional on the waiver of the lease and the delivery of the leased property, and the deposit is made in accordance with the provisions of the offer and deposit provided for in the trial assets law and shall not be contrary to the provisions of this article.

In the event of the expiry of that time, without the owner of the deposit, the appellant may sell to the owner other than the owner, with its obligation to perform 10 % of the aforementioned real price.

In this case the buyer succeeds the seller's dealer or its heirs with respect to all the terms of the lease.

3. The right is limited to charging 10 % of the sale price or using the right of preference by purchasing in case the usufral belongs to the non-owner of the owner of the usufrat owner without either.

4. The waiver or sale contained in item 2 of this paragraph shall remain subject to the fulfilment of the financial charges for the estimated speculative values of the financial services, regardless of the value of the sale or waiver.

5. An exception to the eviction shall be the case of the introduction of an accomplice in the condition of an integrated unit as the owner has the right to ask for the immediate payment of the paid estate, and the provisions set out in section 2 of this paragraph concerning the right of preference and the deduction of the ratio must be applied to the owner.

6. Also excluded from the right to vacate the leased property prior to the entry into force of Act No. 6 of 2001 of one of the ministries, departments, public bodies, administrative units, municipalities, enterprises, enterprises, public enterprises and all public and joint sectors and public interests, and their administration. Administrative or economic character if this entity has waived both or some of the entities referred to by a decision of the Prime Minister and is the successor to the leased entity in respect of all the terms of the contract and the lessor is entitled to the contract in this case Request for the immediate disclaimable of the paid guess and a requirement in this waiver to use paid use similar to what was specified in a contract Rent and do not lower the earnings of the property than the ratio specified for it prior to the waiver.

Dr. The main concern for the real estate of the lessee is in the event that the majority of owners agree with the right of administration and values the fare according to the aforementioned provisions and is sentenced to vacate the property if it claims the estimated fare and does not pay it within the period provided for in paragraph (a) of this article.

A partner whose property has a quota and the sale of this property as a result of a judicial ruling to remove the spread is not considered a tenant and is not entitled to stay in the property without the will of the new owner unless he or she shares the shares of his other partners with a fixed date contract before the prosecution to remove the spread.

e. If the owner of the residential independent housing is requested by the independent housing owner, the following conditions are available:

1. The property required to be abandoned shall be composed of one apartment and shall not be a student of abandonment that has been paid or leased during a period owned by the owner of the other prior to the operation of this law.

2. Having passed on ownership and ownership of the property required to be abandoned for at least two years, and by virtue of the independent owner, the following relatives, who have already subscribed to the property:

- The couple.

- The couple and their children.

- Assets and branches

- Brothers and sisters and their children.

This included who was under the jurisdiction of one of the male or his trusteeship, and the heirs of the independent owner who paid the property required to give up.

shall not be ruled by abandonment for the reason set out in this paragraph if the lessee or his spouse is solely a staff member, employed or employed under the law of basic personnel, military or public sector worker, or in the joint sector or any of those whose service has been legally terminated for any reason whatsoever. Non-mortem, if assigned to a pension or pension or an ageing, unless the owner is a worker, employee, employee or military, and returned to the town where he or she is paid, retired, or has been the scene of any reason or returned to the family after his death.

However, if the owner is the one who has paid his property to a tenant in which or in his husband the reasons for the protection referred to above, he or his heirs may request that the tenant be evacuated on condition that he or she foreshadowing the application for abandonment by the author three months prior to the filing of the case by abandonment.

The reason set out in this paragraph shall not be ruled by abandonment if the landlord of the property has been martyred or lost during the war operations or families and his family has continued to occupy the wage without access to housing from the State. In this case, the family means the wife and the children, together or individually, for their benefit or One of them is entitled to a pension as well as to those who have been hired by parents, brothers and sisters collectively or individually if they reside with him in the remunerated period and prove martyrdom or loss in a document issued by the Ministry of Defence.

And. If the owner of the building wants to build a whole new construction allowance other than real estate leased to public bodies except in the cases of total or partial loss of office, if the eye becomes unsuitable for the utilization for which it was carried out, or if such utilization is lacking, it is greatly reduced.

g. If the owner of the hired person or the owner of a part wants to establish a complete new construction in what he owns, and requires that the judgment be vacated in the circumstances described in this paragraph and the preceding paragraph "and" the former must prove that the owner had previously obtained a permit for the construction of the new construction.

h If the tenant is an independent owner of a safe house, we shall be free or under the laws in force to vacate it.

i If the tenant owns the independence or is built after the lease is a place that is valid for a knife and is paid to others or has not been leased, sold or acted upon.

j. If the wage of the lessee is left without justification for a full year without interruption, there is no definitive indication that he or she would be excluded from it once and for all.

Article 8

A person sentenced to abandonment based on paragraphs (f) and (g) of the former article has the right to occupy the new construction or part of it, to be occupied by the property, which was concealed if it was able to benefit from it in the face that it was benefiting from before the evacuation and the renewal of the construction, on the basis that the new wage would be subject to the rule of identification. Wages by guessing.

In the event that a convicted tenant cannot give up access to the new property, the owner is obliged to pay him compensation equivalent to 40 % of the value of the habitable property that he occupied.

As for other real estate, the court, when determining this compensation, should note all the factors of loss and loss of profit that hit the tenant, especially taking into account the type of work they used, the high demand of customers, the value of the enterprise, and the ability of the tenant to rent a property in the bodies. The nearby neighborhood is young for the property he has hidden and the expenses of moving to the new property and processing it. If, at any time, the tenant cannot be able to benefit from the new property, he or she may claim compensation for an independent claim.

Article 9

If the owner wants his property to be evacuated to political parties, public bodies, grassroots organizations, unions at various levels, associations, administrative units, municipalities, public sector institutions, joint institutions, educational institutions and schools for one of the reasons provided for In paragraphs (e) and (g) of article 7 of this Law, the claim of abandonment shall not be heard until one year after the tenant has been informed of the request for eviction by the clerk by justice or by an open letter card.

Article 10

When the evacuation rules, the incumbent of the property shall be granted a notice to be vacated at least three months and not exceed six months from the date of acquisition of the judgement.

Article 11

If one of the tenants in the contracts subject to the extension is breached by their obligations, the effect of this breach does not apply to the other tenants unless they are found to be aware of it.

Article 12

a. In addition to the provisions of article 7 of this Law, the owner of the property is entitled to housing, except for property owned by public bodies, as from 1/1/2018 to the owner of the property leased to political parties, public bodies, municipalities, public and joint institutions, or to popular organizations. Trade unions at various levels or associations requesting the termination of the rental relationship and the recovery of the paid estate covered by the legal extension, in return for compensation on the tenant, in an amount equivalent to 40 % of the value of the property, which is vacant and in the history of disclosure and experience. To be paid by the court, to take into account the value of the property in the commercial market, which is unchartered These include the value of all its material and moral elements and the value of the land, its rights, and its associated rights.

b. Paragraph (a) should not be applied to educational institutions and charter schools unless the Ministry concerned the need for such real estate.

c. In the privately-owned property, the lawsuit referred to in paragraph A of this article is from partners who have at least three quarters of the shares of the common property, and these are entitled to return to their owners, owners of the other shares, which affects the share of each of them the compensation they paid to the tenants. In cash or determination, which affects the share of each of them after the receipt of the property from the tenant to improve access to the property, and in the event of a dispute, the Magistrate's Court is determined by the provisions of the Trial Assets Act.

Dr. If the owner of the usufric property is different from the owner of the right of the neck, the application for termination of the rental relationship is limited to the owner of the right of use and does not accept the application from the owner of the right of the neck unless the owner of the person has the right of access under the application for the intervention of an applicant.

e. If the rental relationship has moved to the lessee's heirs to the real estate, which is to be referred to by law, the termination of the rental relationship is directed by the plaintiff to the heirs to the heirs to the estate, with their inheritance upon death and before, without interruption. The rest of the heirs shall not be allowed to be left. Their dismissal in the case, unless they were a legacy, returned to the paid after the marriage ended in divorce or the death of her husband.

And. The court shall ascertain the property of the plaintiff of the real estate or other official restrictions, such as the restrictions of the public institution, the temporary record, the military social institution, the residential cooperative or the headquarters of the company, or with a document. Inherit the inheritance of the owner of the deceased property or by the judgement of a deterministic degree.

g.

1. The owner sentenced to end the rental relationship and recover his property, in accordance with paragraph (a) of this article, deposited his sentence with the competent execution department within a period of three months, starting from the date of the acquisition of the ruling class, which is based on the amount of compensation awarded to the tenants. No later than thirty days from the date of communication of the executive notification, no later than three years after the expiration of the judgement on the date of the acquisition of the judgement, no later than three years after the date of acquisition of the judgement, the executive notification shall be dismissed.

2. Persons who have obtained a final status of termination prior to the operation of this law shall deposit the sentence of the enforcement service with the amount of compensation no later than three months after the date of its entry into force and the requirement that the provisions of the omission provided for by item 1 of the Act shall apply. This paragraph.

h The tenant who is sentenced to return the property to the owner shall be granted one month to hand over the property from the date of the owner's compensation awarded in the Implementation Service Fund.

Article 13

a. The Magistrate's Court shall, in the last instance, separate the claims of real estate wages, their estimation, the abandonment of the contract, the termination, invalidity and termination of the lease, compensation for him and all the rental disputes, regardless of the property fare or the amount of the defendant.

b. The Court of Cassation shall, as a matter of urgency, decide on appeals against sentences handed down in rental proceedings.

c. A cassation appeal in cases of abandonment and termination of the leasehold relationship provided for in this Act shall cease implementation.

Article 14

Excluded from the provisions of this law.

a. Agricultural land leases or breeding grounds and dependent buildings.

b. The contracts under which employers provide accommodation for their workers.

c. Leased housing occupancy contracts in accordance with the provisions of Act 43 of 1982.

Dr. Public property occupancy contracts.

e. Contracts for investment of property owned by the State, administrative units or public institutions subject to the provisions of the administrative contract established and originally allocated to serve as a public benefit.

And. Contracts for investment of economic and professional facilities, which are the subject of the full material and moral elements of commercial, industrial, tourism, service, service, professional or scientific offices or scientific or professional offices whose owners enter into contracts with others on purpose. Management and investment versus a certain allowance and for a certain duration with owners remaining committed to paying their real estate to their rental owners.

g. The properties of the Hijazi Iron Line covered by the provisions of Legislative Decree No. 20 of 6 August 1964.

Article 15

The penalty is punishable by imprisonment from one month to one year and a fine from 5000 to 50,000 Syrian pounds.

a. Each of the authors of a property based on the provisions of paragraphs (e) and (g) of article 7 of this Law and has not occupied or commenced construction within three months of the date of eviction or has not been completed within five years of the date of eviction or has not lasted for at least two years and requires the owner It shall give the tenants the compensation specified in accordance with the provisions of Article VIII of this Law.

b. Each lessor has made a work intended to annoyance the tenant and to pressure him to vacate the property or increase his or her legal liability and to the tenant to fix what the lessor, the owner, or by means, and to settle the expenses of that from the rent allowance.

c. The offences set forth in this article shall be prosecuted only on the basis of the complaint of the affected person.

Article 16

It is a legitimate cause of what has been fulfilled and has been subject to the allowance, donations and similar donations of real estate owned by public bodies, foundations, charities of public benefit, grass-roots organizations, unions, pension and social solidarity funds and similar funds.

Article 17

The judicial rulings that were issued prior to the publication of this law and gained the status of determinism are carried out as they are.

The cases pending before the Magistrate's Courts and the provisions that failed to acquire a state of law are dealt with by the competent authority in accordance with the provisions of the law and the provisions of the Code of Civil Procedure.

Article 18

a. The provisions of the Civil Code and the Law on the Assets of Trials shall apply in all those that have not been provided for in this Law.

b. Any legislative text that contravenes this law shall be repealed.

Article 19

This law is published in the Official Journal.

Damascus on 30/1/1437 A.H., 111/11/2015.

President

Bashar al-Assad

Lawyer Naam Al-Masri












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