Law 20 Of 2015, Rents Law

Original Language Title: القانون 20 لعام 2015 قانون الإيجارات

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Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=15634&RID=-1&Last=10058&First=0&CurrentPage=0&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 20 of 2015

Tenancies Act

President

Based on the provisions of the Constitution, and what was approved by the People's Assembly in its meeting held on 01/22/1437 AH corresponding to 11/04/2015 AD. Issued the following:

Article (1)

A. Is subject to the will of the contractors stomach rental property for housing or summer, tourism or recreation and real estate stomach to engage in commercial, industrial or literal or free or scientific organization profession work legally or leased public entities or administrative units or public sector institutions or joint or educational institutions, schools, political parties or grassroots organizations or trade unions at various levels or associations.

B. Remains subject to the will of the contractors from the date of entry into force of Law No. 6 of 2001, the stomach real estate rental housing or summer, tourism or recreation also remains subject to the will of the contractors from the date of entry into force of Law No. 10 of 2006 rental properties for the exercise of a commercial, industrial or artisanal or liberal profession or business scientific law or leased public entities or administrative units or public sector institutions or joint or educational institutions, schools, political parties or people's organizations or trade unions at various levels or associations organization.

C. Rental properties remain in force under the provisions of Legislative Decree No. 111 of 1952, as amended, subject to the provisions of the extension estoppel and determine the rent.

D. Real estate set wage specified in paragraph C of this Article according to the following percentages of the property hack on the suit and value it for calendar years:

1. 5 percent of the value of real estate leased for housing, plus 20 percent of the value of the furniture inside in the lease.

2. 6 percent of the value of real estate leased to practice a liberal profession or scientific organization law.

3. 7 percent of the value of real estate leased to official circles to use the courts or leased to commercial exploitation, industrial or literal or leased to political parties or public bodies or administrative units or popular organizations or trade unions at various levels or associations of career.

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

Article (2)

Unlike any agreement may not be charging the rent in advance for more than three months for drugs covered by the lease extension estoppel.
Article
(3)

A. Recorded leases the administrative units, "the county, city, town, municipality," that these detailed contracts include the identity of the contractors and the address of each of them and their signing or be represented legally and duration of the lease and a suit and descriptions of the hack and the end of the lease and all the conditions agreed upon and met from the lessor upon registration fee of 1 percent of the monthly rent allowance not to this drawing at least five hundred Syrian pounds for residential property and a thousand Syrian pounds for commercial real estate or industrial and technical service offices, the Minister of local administration executive instructions for this registration.


B. Application for registration of the lease and documented as described in paragraph (a) of this Article shall not be accepted unless the feet of the independent owner of the property or who have in common the drug by 75 percent at least shares of the entire stock listed in the real estate registration issued by the Land Registry or equivalent other official restrictions as constraints temporary log or General organization for housing or military social organization or military housing or cooperative housing association or institution coupled with a document limitation of succession to the property owner of the deceased or a judicial ruling unearned become final or their representatives by law and that the property adjudged to the plaintiff newspaper devoid of any signal a dispute over ownership precedes signal plaintiff. With the exception of the owner's share of the detachment of the property equal to its share of the documented competent administrative authority.

C. Minister of Local Administration issued executive instructions governing this article and is divided by the Help related buildings in squatter areas or irregularities have been settled.

Article (4)

A. The lease covered by the provisions of paragraphs (a) and (b) of Article 1 of the Registrar of law in accordance with the provisions of Article 3 bond executives from bonds stipulated in Article 273 of the Code of Procedure Law promulgated by Legislative Decree No. 84 of 1953, as amended, and which are entitled to the lessor or his legal representative deposit lease implementation of the said department to retrieve his property to the expiration of the period specified in the lease or to collect wages owed by the tenant to pay the Palace.

B. The leases is recorded and entered under the force of the provisions of this law and the Law No. 6 of 2001, or Law No. 10 of 2006 are subject to recognized legal norms in force and subject to the provisions of paragraph (a) or paragraph (b) of Article 1 of this law.

Article (5)

A. If the landlord or the tenant or the landlord claimed injustice in the allowance of property under the extension of estoppel Rent expert appointed Magistrate Court or three experts to estimate the value of the property subject of the dispute in accordance with the following rules:

1. The litigants to agree on the choice of the three expert or experts in this case the court to prove their agreement in the minutes of the meeting and decided to appoint experts who have chosen them.

2. If opponents can not agree on an expert or experts of the three For each party to name an expert from the roster announced by the Ministry of Justice and the court appointed expert third of this table.

3. If antagonists prevent a naming expert chosen is returned to the court.

4. In the ongoing trials as Alujaha goes back to the Court the right to choose an expert on individual experience either in the tripartite experience it remains the right of the present party nominate an expert.

B. Owned in common left verdict in the case against injustice in the rent of a majority of property owners stock all owners unless it is proved that the judgment was based on fraud or deception.

If the lawsuit filed by the partners who own a minority quota, the judgment determining the fare remains limited to their share alone.


C. Control Court to compel the defendant to all expenses unless it shows her that injustice is not Bjsam or prove it to convict him cause to spend expenses are useless in this case the court may be distributed between the two parties for the expenses it deems unfair.

Article (6)

A. Claim the lessor or lessee inequities in the rent does not relieve the tenant to pay the rent owed, rather than under the legal provisions that being the account after the issuance of an acquired judgment become final and put it into practice the estimated fare applicable from the date of the claim.

B. Prosecutors do not hear of injustice and determine the fare only once every three years and the start of this period from the date of the contract or the date of the written agreement on a consensual modification taxi or from the date of the previous claim.

Article (7)

While retaining the provisions of paragraphs (a) and (b) of Article 1 of this law and the provisions of Article 4, it can not be ruled aspiration on the tenant a property of properties set forth in this subject to the extension of estoppel except in the following cases the law:

A.

1. If the tenant does not pay the fare legally due or estimated a judgment within thirty days from the day following the notification claim postcard open or warning by notary the claim is not saying unless required amount stated in the period related Wages accumulated from years of previous rent Vtad have normal is not required in not paying the vacuum is mailing claim legal if conducted postcard exposed communicated to the addressee personally or to one of his relatives living with him in the accommodation or one of his partners or his employees in leased premises for non-housing in the absence of the addressee on that amount has completed eighteen ten-year-old .. and if this is not possible or reject one referred to Report Vilsq competent employee card on the door of the residence of the tenant designate which mentions how to report on the notice of receipt by the competent employee and attested to by witnesses or the Mukhtar or a police officer while performing his job.

The shop interlocutor appointed by the card or alarm sender clearly derived than stated by the parties in the lease instrument may leased property counted shop for a tenant if you do not set the place on the addressee and sender of the card shows the address of the card in the claim.

If the time deadline for performance or deposit weekly or official holiday extended to the first working day thereafter.

The legal persons shall be notified in accordance with the Code of Civil Procedure and in general may not be served before eight o'clock in the morning and after six o'clock in the evening and weekends or public holidays.

2. The lessee and only once has the right to avoid the judgment of eviction if the within thirty days of notification in particular the call for a trial or notification Memo when they do not reach a memorandum particular call performance taxis and benefits by 5 percent from the due date until the date of payment and on the court at that govern the tenant expenses The fees and charges.


B. If the tenant offended hack that use the latest non-destructive arising from normal use, or used by, or allowed to use it in a manner inconsistent with the terms of the contract or constitute a tyranny it.

C.

1. If the tenant pay or waive all or some hack to others without the written permission of the lessor.

2. Excluded from eviction in the situation described in Item 1 of this paragraph if the property is leased to businesses or industrial or pharmaceutical or free or intellectual or scientific law or craft and wants the tenant or his heirs to sell it or give it up entirely of non-Organization of the profession.

In this case, the tenant or his heirs before the conclusion of the agreement with third parties to sell and assign to inform the independent owner or heirs or owners in common of the three-quarters of the stock at least a postcard open or letter sent by the notary, which is located in his district leased property knows where the price before it and be the point of the royal option in the right unlocks 10 percent of the offered price in exchange for approval of the sale, assignment, or to express its desire Bovdilatha in procurement and in this case they must deposit the price minus 10 percent referred to during the period of thirty days from the date of informing the speech Justice implementation Department, which is located in her rented property fund for the benefit of the tenant conditional assignment of the lease and delivery of leased property .. the deposit is in accordance with the provisions of the offer and deposit provided for in the Code of Procedure and not inconsistent with the provisions of this article.

In the case of the expiry of that term without the owner a deposit aforementioned Jazz for the tenant to sell to is the owner with the commitment that leads her 10 percent of the true price cit.

In this case the buyer is a successor to the tenant of the seller or his heirs with respect to all terms of the lease.

3. Restricted the right to charge 10 percent of the sales price or using a preferential right to purchase in case the right to use up to the neck is the owner of the owner of the usufruct without either.

4. Assignment or sale contained in item 2 of this paragraph shall remain to fulfill the finance charges for the estimated values ​​of the speculative financial circles, whatever the value of the sale or assignment.

5. Excluded from eviction If you enter a partner in the hack, it provided it remains an integrated unit that he is entitled to hand the royal request guess Property paid immediately with the necessity of the application of the provisions contained in Section 2 of this paragraph relating to the right of preference of the owner and deduct the prescribed percentage for him.


6. Also it excluded from the right aspiration also leased property before the enforcement of Law No. 6 of 2001, to one of the ministries and departments, public bodies and administrative units and municipalities, institutions, companies and public facilities and all of the public sector and the common views of the public interest and the management of either character administratively or economically if this side of the hack waived all or some to one of the entities referred to by the decision of the Prime Minister is the assignee, replacing leased hand in what happened to waive her with him with respect to all terms of the contract are entitled to the lessor in this case asked to guess hack waived immediately required in such a waiver to use the hack widely used similar to that identified in the lease and not pay for the drug conjecture less than the specified percentage before the waiver.

D. The concern of the partner is common for the drug by virtue of the tenant in the event of approval of the majority owners of the right administration estimates the fare according to the above provisions, and sentenced to parting with the property in the event of its demand estimated Pay-governing and not paid her during the period specified in paragraph (a) of this Article.

The partner who lives a drug has the share and sell this property as a result of a court ruling to remove common is not by virtue of the tenant is not entitled to stay in the property without the will of the new owner, unless a tenant other partners quotas fixed date contract by the prosecution to remove common.

E. If the independent owner of the residential demand Bakarh hack habitable condition following availability:

1. Property to be desired Tkhalith composed of one apartment and not be called the vacuum that has been leased or rented out during the period owned by the owner of the other prior to the enforcement of this law.

2. Should have been confined to the possession and ownership of the property required Tkhalith at least two years and longer by virtue of the independent owner of relatives who have mentioned the following subscribers Tamam Property:

· Couple

· The couple and their children

· Assets and branches

· Brothers and sisters and their children.

That includes who was under the jurisdiction of one of those male or guardianship is also the heirs by virtue of the independent owner who pay property required Tkhalith.

Not judge aspiration for the reason set forth in this paragraph if the tenant or his spouse only employee or user or a factor subject to the Statute of the workers or the military or working in the public sector or in the joint sector or whatever, who served from the two ends legally for any reason If death is allocated pension or invalidity pension or old age, but if the owner is a factor, employee, or user or military and returned to the town where the hack transferred or been referred to the retirement or the scene for any reason or returned to his family after his death.

That if the owner is the one who paid his estate for the tenant meets the Wife or protection reasons referred to above is permissible for him or his heirs to ask the tenant vacate the condition that the request is warning the vacuum by notary three months of the prosecution aspiration ago.


Not judged aspiration for the reason set forth in this paragraph if the tenant property has been cited or lost during military operations or the families and continued his family in paid occupancy without getting on the housing from the state and is intended to the family in this case, the wife and children collectively or individually throughout the eligibility or entitlement someone pension as well as dependents was the tenant of the parents and brothers and sisters collectively or individually if they are residing with him in the hack and prove to cite or loss of a document issued by the Ministry of Defence.
And
. If the property owner wants to build a new building to build the entire old building except for rental properties instead of public authorities, except in cases of total loss or partial fee required if the eye has become in the case is not suitable for the use with which conducted for him, or if the lack of access to this significant shortfall.

G. If the owner or the owner paid Arsa wanted part of the establishment of a new building with fully owned and is required for the rule of aspiration in the circumstances described in this paragraph and paragraph "and" previous owner proves that it has already obtained a license to establish new construction.

H. If the tenant independent owner of the house valid for free or residence can be evacuated under the laws in force.

I. If the tenant owns the face of independence or built after the lease Dara valid residence and leased to third parties or did not lease or sold or disposition.

Me. If the tenant paid leave the residence without justification for a full year without interruption it shows definite sign of letting go of him for good.

Article (8)

Tenant sentenced aspiration based on paragraphs (f) and (g) of the previous article the right to operate new construction or a part of it resembles the property vacated, if possible, use it on the face, which was a benefit from it before the evacuation and renew construction on the subject of the new Almagor base wage determination by way of guessing.

If the tenant can not be sentenced aspiration to benefit from this new drug will comply with the landlord to pay him compensation equivalent to 40 percent of the property value paid for housing, which was occupied.

As for drugs other, the court when determining the compensation to notice all the loss factors and loss of profit, which affects the tenant you shall take special account of the work that Tatah type and the large turnout of customers or said and the value of the institution tenant and the possibility of renting a property in neighboring bodies nearby similar property you vacated and expenses of the move to the new property and outfitted ... and if it is proven at any time can not be a tenant of the benefits of this new drug, they may claim damages, claiming an independent.

Article (9)

If the owner wanted evacuated his estate leased to political parties or public bodies or popular organizations or trade unions at various levels, associations, administrative units, municipalities or the public and the corporate sector, educational institutions and schools to one of the reasons set forth in paragraphs institutions (e) and (g ) of Article 7 of this law, you could hear a lawsuit vacuum until one year after the tenant of the request for evacuation by notary or by postcard uncovered.

Article (10)


When judged eviction gives the incumbent Property notice to clear out at least three months and not exceeding six months from the date of acquisition of peremptory judgment degrees.

Article (11)

If breached one of the tenants in the subject of estoppel extend the contracts of its obligations, the impact of such a breach does not extend to the rest of the tenants only if it is proved they know it.

Article (12)

A. In addition to the provisions of Article 7 of this Act shall be entitled to the owner of the rented property for housing with the exception of property owned by public authorities are also entitled starting from 01/01/2018 for the owner of the property leased to political parties or public agencies, municipalities or to institutions of the public and the corporate sector or popular organizations or trade unions at various levels or associations request termination of rental relationship and the recovery of property hack covered by the provisions of the legal extension in exchange for compensation on the leased an amount equal to 40 percent of the property Almagor, the value of vacant and cum quo on detection and expertise to hack by the court to take into account the appreciation of the property value in the commercial market, which vacancy is leased comprehensive that the value of all the material and moral elements and to fall ill from the value of the land and its rights and easements from him.

B. Shall not apply the text of paragraph (a) on educational institutions and schools leased ministries unless the concerned ministry felt no need for these properties.

C. In real estate owned in common held proceedings referred to in paragraph (a) of this Article of the partners who own at least three-quarters of the common property shares and those right of recourse against their partners, owners of the remaining shares, including affects the share of each of the compensation they paid to the tenant and met them in cash or decisive than It affects each of them a share of the benefit after the receipt of the property from the tenant to improve the use of it in the event of a dispute on this reference, the Magistrate's Court which separates under the provisions of the Code of Criminal Procedure.

D. If the owner the right to use the property hack is different from the owner the right to request termination of the neck, the rental relationship is limited to the owner the right to use and demand from the owner of the right neck accept unless shearer owner the right to use under the intervention request is submitted assets.

E. If the rental relationship had moved to the heirs of the tenant of the property intended for habitation by law, the lawsuit ending rental relationship went from the prosecutor owner to the heirs residing in unpaid property with the deceased at death and before without interruption The rest of the heirs may not be Achtsamanm in the lawsuit unless their successor He returned to the hack after the end of married life divorce or the death of her husband.
And
. The court ascertain the ownership of the Prosecutor of the leased property constraint mortgage issued by the Land Registry or equivalent of other official limitations as constraints for housing public institution or temporary record or military social organization or cooperative housing assembly or coupled with a document limitation of succession to the owner of the property of the deceased, or by virtue of an acquired become final .

G.


1. The owner sentenced him to end the rental relationship and recover his property Almagor, in accordance with paragraph (a) of this Article shall deposit judgment obtained by the competent execution circle during the three-month period beginning on the date becomes final judgment coupled with the amount of the compensation awarded to the tenant within a period not to exceed thirty days from the date of notification of Executive notification covered under several relinquishing governance and it lacked the right to build a new suit before the expiration of three years from the date of judgment becomes final.

2. The people who received unearned become final rule to end the rental relationship before the entry into force of this law, they should deposit judgment circuit implementation coupled with the amount of compensation within a period not exceeding three months from the date of entry into force and the requirement to refrain provisions stipulated in item 1 of this paragraph.

H. Tenant convict gives him cold property to the owner of one month deadline to hand over the property from the date of deposit of the owner of the award of compensation in the execution department fund.

Article (13)

A. Separating the Magistrate's Court last primarily in real estate appreciation and wage claims and abandoning Almagor and termination of the lease null and void and terminate and be compensated for all the differences in the rental property regardless of the fare or the amount alleged.

B. Separating the Court of Cassation urgently appeals along the verdicts in the rental suits.

C. Cassation appeal in a vacuum issues and end the rental relationship provided for in this law stop the execution.

Article (14)

Exempted from the provisions of this Act

A. Rent of agricultural land or places where animals and buildings affiliated Breeding decades.

B. Contracts under which employers provide places for housing their workers.

C. Rental housing occupancy contracts in accordance with the provisions of Law 43 of 1982.

D. Occupancy of public property for decades.

E. State-owned or administrative units or public institutions subject to the provisions of the management contract, which was originally established and dedicated to the service have the status of public benefit real estate investment contracts.
And
. Investment economic and professional installations decades .. It started to be the theme of the whole material and moral elements for shops, industrial, tourism and service installations or professional or scientific offices of the Organization legally or craft, which entered into owners of its contracts with third parties with a view to manage and invest in exchange for a certain allowance for a certain period with the survival of the owners remain committed to pay the wages of its properties to their owners lessors.

G. Real Estate Hijaz Railway covered by the provisions of Legislative Decree No. 20 dated 08.06.1964.

Article (15)

Be punished by imprisonment of one month to one year and a fine of five thousand to fifty thousand Syrian pounds:

A. Both cleared the drug, based on the provisions of paragraphs (e) and (g) of Article 7 of this law did not hold property or initiate construction in which, within a period of three months from the date of eviction or has not finished within five years from the date of eviction or two did not continue to concern him at least two years and the owner is required to perform the tenant compensation determined in accordance with Article VIII of this law.


B. Every landlord has done is intended to inconvenience the tenant and the pressure on him to vacate the property or increase conducted by legal and tenant fit what spoiled by the lessor or owner personally or by proxy, and decided that the expenses of the rent.

C. Do not prosecute the crimes stipulated in this article only upon a complaint aggrieved.

Article (16)

Is a legitimate reason are met and met instead of Frog or donations and similar donation for the real estate owned by public bodies, charities and associations of public interest and grassroots organizations, trade unions and tanks retirement funds and similar social solidarity that.

Article (17)

The court rulings issued prior to the publication of this law and gained a degree peremptory implemented as it is.

The cases were still pending before the Magistrates' Courts and the provisions that had not yet acquired become final are decided by the concerned 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 Code of Criminal Procedure apply in everything not provided for in this law.

B. Cancels all legislative text violates this law.

Article (19)

This law shall be published in the Official Gazette.

Damascus on 30/1/1437 AH corresponding to 11/11/2015 AD's.

President
Bashar al-Assad












Egyptian lawyer Nahel