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 Law 6 Of 2001 Lease Act With Amendments

Original Language Title:  القانون 6 لعام 2001 قانون الإيجار مع تعديلاته

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Act 6 of 2001 Rent Act with amendments


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Act No. 6 of 2001
Date-birth: 2001-02-15 History-Hjri: 1421-11-22
Published as: 2001-02-15
Section: A law.

Information on this Act:
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Law No. 6 of 2001
Rent law with amendments

President
Based on the Constitution

As approved by the People's Assembly at its meeting held in the date of 12-11-1421 A.H., 5-2-2001,
The following are issued:

Article 1 /

Amended by law 10 for 2006 .

a. The rental of real estate for housing, hospitality, tourism, recreation or gainful employment is subject to the progressive national front, official services, grassroots organizations, unions at various levels, associations, administrative units, municipalities or industry institutions General, joint or educational institutions and schools for the will of contractors as of the operation of this law.

b. The property leased under the provisions of Legislative Decree No. 111 of 1952 and its amendments or to be leased after the entry into force of this Act for commercial, industrial, professional, free or scientific work is regulated by the provisions of the statutory extension and the determination of the lease allowance.

c. The real estate remuneration in paragraph (b) of this article shall be determined in accordance with the ratio derived from the value of the property paid in the case of the case for the year of birth.

1 - (5) % of the value of paid real estate for housing plus (20 %) of the value of the inside furniture in the lease contract.

2. (6) % of the value of paid real estate from the Progressive National Front parties or from official circles, administrative units, municipalities, grassroots organizations or unions at different levels or paid associations to engage in a legally regulated free or scientific profession.

3 - (7) % of the value of the paid real estate of the official Chambers for use by courts or hired for commercial or industrial investment or for a professional profession.

4. (8) % of the value of hired real estate for use of schools.

d. Contrary to any agreement, the rental allowance may not be charged in advance for more than three months.

Article 2 /

A. The rental of rental property for housing or others specified in accordance with the provisions of Legislative Decree No. 187/date 7.9-1970 to five times higher than the current remuneration, and the parties to the contract shall not be entitled to the child prosecution until five years after the effective date of this Act.

b. Addendum to the provisions of articles (8 and 10) From this law, the owner in real estate, except real estate owned by public or lessor, is entitled to terminate the current relationship and recover the property paid for housing under the legal extension provisions in return for compensation to the tenant in an amount equivalent to 40 % of the property. The value of the paid construction is vacant and its current status in the history of disclosure and experience of the trial by the court, three years after the date of the Act's entry into force.

Article 3 /

Lease contracts are registered with administrative units (Damascus, city-towns-countries-villages) The municipalities must include the contractors' identity, address, signature or legal representation, and the duration of the lease, the duration of the lease, the fee for the fee, the purpose of the lease, and all the conditions agreed upon and met with the} drag on the registration fee (1 %). One percent of the monthly rental allowance is for no more than one year's fee, no matter how long the contract is in addition to the prescribed fee.

The instruction governing this registration is issued by the Minister of Local Administration.

Article 4 /

a. Rent contract under paragraph (a) From the first article registered in accordance with article 3/an executive order of attribution of texts in article /273/of the Code of Civil Procedure of Legislative Decree No. 84 /1953 and its amendments, and the amendment is entitled to recover its property upon the expiration of the term specified in the lease of the lease by means of Implementation Service.

The contracts entered into under the provisions of this Act are not registered and are subject to substantiation of the legal rules in force and are applicable to the provisions of paragraph (a) or paragraph (b) of Article I of this Law.

Article 5

a. The justices of the peace shall be separated, in the last instance, in the claims of real estate wages, their discretion, the abandonment of the remunerated, the termination of the lease, the nullity, termination and compensation of the estate, and in all the eiggary disputes, regardless of the property fare or the amount of the defendant.

b. The Court of Cassation shall, as a matter of urgency, adjudicate on the claims

(c) A cassation appeal in cases of abandonment shall be suspended.

Article 6 /

A. If the rental allowance is claimed by the lessee or the tenant in the rental allowance, the judge appointed an expert or three experts to estimate the value of the property in question.

b. To agree to the selection of the expert or the three experts and in this case the judge shall establish their agreement in the minutes of the meeting and decide to appoint the experts to whom the selection has been made.

If the opponents do not agree on the selection of the expert or the three experts, each of them should name an expert from the table of experts announced by a decision of the Minister of Justice, and the judge shall appoint the third expert from this table, as the opponents may agree to appoint him without adhering to the aforementioned schedule.

As one of the opponents prevents the nomination of his or her expert, the choice of his or her third expert is returned to the judge, and in absentia trials, the judge has the right to choose the expert or the three.

c. In the joint estate, the provision is applicable to determine the fare issued against some of the partners or tenants who have a majority of the shares on the others unless it is established that the judgement is based on fraud or a ruse.

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

Article 7 /

The lessor of the rent or the lessee does not exempt the tenant from paying the lease allowance due to the legal provisions that the account shall take place after the issuance of a piece of judgment and put it into effect for the estimated fare applicable from the date of the claim.

Article 8 /

With the retention of the provisions of article I and article II, paragraph (b), and article IV of this Law, the lessee is not governed by the abandonment of the property of the property set out in this Act, which is subject to the provision of the provision, except in the following cases:

1. If the tenant does not pay the fare legally due or estimated within thirty days of the day after which he or she is notified of the claim by an open card or an alert by the writer of justice, and the claim is considered only if the requested amount is stated and the duration related to it is stated, either The wages accumulated for the previous lease years are considered an ordinary religion that should not be paid for by the abandonment. The postal claim is legal if it takes place with an exposed postcard, which is reported to the address in particular or to one of his relatives living with him in the accommodation or any of his partners or employees in the hired places without the address, when the address does not exist, since the amount has been completed by the eighth. Ten of his age, and if that is not possible or rejected by one of those referred to as the competent official, the card will be attached to the door of the tenant's residence and remember how to report the receipt notice by the competent staff member, witnessed by two witnesses, the shop of the shop, or a police officer during the course of the meeting. His job performance.

The subject of the address is appointed by the sender of the book in a clear way, from what the parties stated in the lease agreement, and the paid property may be considered as a place for setting up the tenant if the address is not appointed, and the sender of the card should indicate his address on the claim card, and if the last one happens to date. For performance or an official holiday, it extended to the first working day after it.

Legal persons are notified in accordance with the Code of Civil Procedure and, in general, no communication may be carried out before 7 a.m. and not after 6 p.m. and not on official holidays.

2. The tenants are entitled only once to avoid the decision to evacuate if within thirty days of the filing of the lawsuit, the performance of the fare and its benefits are in effect.

(5) % of the due date up to the date of payment and the court then has to control the tenant with expenses and fees.

b. If the tenant abuses the use of the wage, the most recent vandalism is not caused by the normal use or use or allowed to be used in a manner inconsistent with the terms of the contract.

c. If the lessee is paid or waived for both or some, without written permission from the lessor, and excludes the property of a factory, shop, pharmacist, legal or legal profession, or a craft, and the lessee or its heirs, in this case the buyer is considered The successor to the seller or its heirs in respect of all the terms of the contract shall be the right of the owner to request an immediate paid guess.

It also excludes the right to vacate the property leased before the operation of this law for an ministries, departments, public bodies, administrative units, municipalities, institutions, corporations, public enterprises, all public sector, joint and public interests, and their administration, whether it is of a nature. Administrative or economic if this party has waived both or some of the parties referred to by a decision of the Prime Minister, and is considered to be 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 guess of the paid wage, and a requirement for this waiver is similar to what was specified in the lease and shall not be reduced. The estate's hidden wages for their specific ratio prior to the waiver.

d. The common real estate partner is considered to be in the interest of the lessee in the case of the payment of the fare and has exceeded the aforementioned provisions and is sentenced to vacate the property if he or she is required to pay the estimated fare and not to pay it within the period provided for in the first paragraph of this article.

A partner who lives a property with a quota and selling this property as a result of a judicial ruling to remove the spread is not considered to be 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 independent owner is required to have his or her housing estate, the requirement that:

1. The property required to be abandoned shall be composed of one apartment. Otherwise, it shall be the student of the abandonment paid or leased during a period owned by the owner of the other person prior to the operation of this law.

He went on to have him and get ownership of the property, which I wanted to give up at least two years.

As an independent owner, the following relatives are deemed to have subscribed to the property:

The couple.

The couple and their kids.

3. Assets and branches.

Brothers and sisters and their children.

He enters into that who was under the jurisdiction of one of the male or his trusteeship.

He is also the heirs of the independent owner who paid the property.

If the owner of the property is to build a whole new construction allowance other than real estate leased to public bodies except in the case of the total or partial loss of office, if the eye becomes unsuitable for the utilization for which it was carried out, or if this benefit is lacking, it will be greatly reduced.

g. If the owner of the hired person or the owner of a part wants to establish a complete new construction in his or her own property, it is required to rule by giving up the circumstances described in this paragraph and paragraph/and prior to the owner's proof that he had previously obtained a permit for the construction of the new construction.

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

i. If the tenant owns the independence or has been built after the lease, a vacant house is valid for, or not, leased, sold, sold or acted upon to others.

If the inexcusable rental of the habitable tenant for a full year without interruption is a definitive indication of its final disposal.

Article 9 /

To the tenants sentenced to abandonment on the basis of paragraphs (ies) Article 8 is the right that the new construction or part of it should be occupied by the property, which was concealed if it could benefit from it in the face it used to benefit prior to the evacuation and the renewal of the construction, on the basis that the new wage would be subject to the determination of remuneration in a manner that is conjecture.

In the event that the tenant sentenced to the new property is not able to vacate the new property, the lessor is required to pay compensation equivalent to (40) % of the value of the habitable property of the housing that he occupied.

As for other real estate, the court, when determining this compensation, should note all the factors of the loss and loss of profit that hit the tenant, especially taking into account the type of work they used, the high demand of customers, or the value of the institution, and the tenant can rent a property in the field. Nearby neighboring quarters are young by the property they have hidden and the expenses of moving to the new property and processing it ... etc.

If, at any time, the tenant cannot be able to take advantage of the new property, he or she may claim compensation for an independent claim.

Article 10 /

shall not be ruled by abandonment for the reason set forth in paragraph (e) Article VIII if the lessee or his spouse is a staff member, employed or employed under the law of basic personnel, military or public sector, or in the joint sector or any of those whose service is legally terminated for any reason other than death if assigned to a pension Or a disability pension or an ageing unless the owner is a worker, employee, employee or military, and returns to the town where he is paid or has been returned to retirement or scene for any reason or that his family returned to him after his death, as if the owner was the owner who paid his property to a tenant who was available in or In his wife, the reasons for the protection referred to is a nose that may or may also be inherited by the tenant, provided that the tenant threatens to ask for abandonment by the writer. By justice three months before the case was filed with abandonment.

and shall not be ruled by abandonment for the reason set forth in paragraph (e) From Article 8, if the landlord of the property has been martyred or lost during the war operations or families, his family has continued to occupy the wage without access to housing from the State.

In this case, the family is meant to be the wife and the children collectively or individually for their benefit or to be 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, and prove martyrdom or loss of document. issued by the Ministry of Defense.

Article 11

If the owner wants to vacate his or her paid estate from the Progressive National Front or from official circles, grassroots organizations, unions at various levels, associations, administrative units, municipalities or institutions, public and joint sectors or educational institutions and schools. For one of the reasons provided for in paragraphs (e) From Article 8 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 of justice.

Article 12 /

A. Do not hear the case for the determination of the fare except once every three years and this term begins from the date of the contract or from the date of the previous claim.

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

Article 13 /

Excluded from the provisions of this Act:

leases of agricultural land or animal husbandry and buildings

b. Contracts under which employers provide accommodation for their workers free of charge or allowance.

c. Occupancy contracts leased in accordance with the provisions of Act 43/1982.

d. 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 facilities: commercial and industrial shops and tourism and service facilities.

g. The properties of the Hijazi Iron Line covered by the provisions of Legislative Decree no. /20 of 6-8-1964.

Article 14 /

punishable by imprisonment from one month to one year and a fine from 100 /1000 /1000 to the Syrian pound:

a. Everyone who has evacuated a property based on the provisions of paragraphs (e) Under article VIII, the property has not been occupied or built within three months of the date of eviction or has not been completed within five years of the date of eviction or has not been a constant concern for at least two years.

The owner shall guarantee to the tenants compensation for the holidays and damage to the value of the paid property according to the provisions of Article IX of this Law.

b. Each lessor has made a work intended to annoyance the lessee and to pressure it to vacate the property or increase its legal operation and to the tenant to fix what the lessor or the medium has been corrupted and to settle the expenses of that from the rent allowance.

The offences set forth in this article shall not be prosecuted except on the basis of the complaint of the victim.

Article 15 /

This is a legitimate reason for what has been fulfilled and has been met with the allowance, donations and similar donations for leased real estate owned by public bodies, foundations, charities of public benefit, grassroots organizations, unions, pension tanks, social solidarity funds and others. Same as her.

Article 16 /

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.

Cases that have not yet been examined by the Magistrate or Appeals Courts and the provisions that have not acquired the degree of determination are determined to the extent of jurisdiction in accordance with the provisions of this Act and the provisions of the Code of Civil Procedure.

Article 17

1. The provisions of Act /4664 /1949, the provisions of Legislative Decree No. 111 of 1952 and its amendments are repealed and the provisions of Legislative Decree No. 3 of 1987 shall be repealed and the leases held in force shall be deemed to be covered by the provisions of this Act.

b. 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.

c. Every legislative text that contravenes this law shall be repealed or not destroyed with its provisions.

Article 18 /

This Act shall be published and published on the date of its publication in the Official Journal.

Damascus in 22-11-1421 A.H., 15 -2-2001


President
Bashar al-Assad

President Bashar al-Assad issued Law No. 10 of 2006 Amendment to article I of Law No. 6 of 2001 Judge to subject the rental of property to the will of contractors

As President Bashar al-Assad has issued, Law No. 32 of 2011 provides for the addition of two paragraphs to article 2 of the Rent Act No. 6 of 2001.

According to the first paragraph (c) of the law, the owner of the immovable property is entitled to the progressive national parties, official services, grassroots organizations or trade unions at various levels, associations, administrative units, municipalities or public sector institutions, and the common and joint institutions request an end. The rental relationship and recovery of the paid property from the above-mentioned entities covered by the legal extension provisions in return for compensation on the leased side for an amount equal to 40 % of the value of the paid construction and its current status in the history of disclosure and experience in the remuneration of the court, after 3 Years of the operation of this law.
Paragraph 2 (d) ruled that the text of first paragraph (c) should not be applied to educational institutions and charter schools for the ministries unless the Ministry concerned the need for such real estate

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