House Eviction Laws in Iran
The Mechanics of House Eviction Laws in Iran
This is a guide to house eviction laws in Iran. Evicting a tenant can become a complicated process, particularly when disagreements arise between the landlord and the tenant. These disagreements often pertain to the tenant’s refusal to vacate the property upon the conclusion of the contractual lease period. To handle such situations, Iranian law has specific eviction regulations in place, which the property owner must adhere to, necessitating a legal eviction order from the court.
Know the rules of renting in Tehran
Eviction laws in Iran intervene when disputes occur, aiming to alleviate issues arising between landlords and tenants. As the prevalence of such disputes has seen an uptick in Iran, understanding the regulations surrounding eviction orders is critical. Both parties, the landlord and tenant, enter into a contract under which they have obligations to fulfill.
Under the agreed-upon contract, the tenant is permitted to occupy the property unless any contractual violation occurs on their part. In such an event, the landlord is entitled to seek an eviction order. This eviction process, including all its administrative aspects, typically spans a month.
The Criteria for House Eviction Laws in Iran
If a tenant fails to vacate the property within the agreed timeframe and negotiations prove futile, the law provides landlords with conditions under which they can proceed with an eviction. These conditions, as outlined in the Tehran Offers collection, include:
- The tenant’s failure to vacate the property post the expiration of the lease;
- The tenant’s failure to pay rent for over three months;
- The tenant’s misuse of the property beyond the agreed-upon terms in the lease;
- The tenant subleasing the property to another individual.
In such circumstances, eviction laws enable the landlord to reclaim their property from tenant possession without concerns. Thus, it is recommended to officially register the lease with a real estate office before renting out your property to prevent such uncomfortable situations.
Learn more about renting in Tehran here!
How the system works?
Furthermore, if the landlord can demonstrate the tenant’s non-compliance with the contract’s stipulations, they can secure an eviction order within 72 hours. The landlord must then return any deposit received from the tenant, while the tenant is liable for any provable damages inflicted upon the property.
Upon issuing the eviction order, the tenant is granted a 72-hour period to hand over the property to the landlord. If the tenant remains unwilling to vacate the property, the landlord can lodge a complaint with the Dispute Resolution Council against the tenant. The tenant then has 20 days to justify their non-compliance, failing which, the landlord can seek an executive order. The tenant is subsequently allowed another 10 days to appeal against this order.
Tenant doesn’t leave?
In case the tenant remains unresponsive within these 10 days, the landlord can pursue eviction through a court order. However, it’s essential to note that the tenant can raise numerous objections to delay the eviction process. This situation is where an experienced lawyer can be invaluable.
Iran’s house eviction laws are founded on their unique legal framework. As many individuals lack comprehensive knowledge in this area, they can enlist a lawyer’s assistance to ensure their rights are protected.
Eviction laws in Iran are beneficial to both parties involved in a formal, registered contract. However, unofficial contracts can lead to repercussions for both parties, incurring significant costs. Understanding these laws can provide a smoother renting process, mitigating potential disputes and complications.
The Procedure for Rent Arrears
In case of unpaid rentals, landlords can take the matter to court under general legal procedures. Typically, it takes between six months to a year to procure a judgment for the collection of unpaid rent.
House Eviction Laws in Iran are straight forward but will take time.
Relevant Legislation for Landlord-Tenant Relationships in Iran
The Landlord and Tenant Act of 1376 (1997) and the Civil Code of Iran govern the relationship between landlords and tenants. Prior to the enactment of the Landlord and Tenant Act of 1376 (1997), eviction orders were granted under very restricted circumstances, and lease agreements did not enforce the lease period.