01:37 PM
Sunday 13 March 2022
Books – Tarek Samir:
The Court of Cassation established a jurisprudence on the legal term for the tenants of the old lease system for residential real estate.
And the Civil Department of Wednesday “B” stated – in a recent ruling – on January 5, that the old lease contract does not expire until following 60 years have passed, starting from the date of the contract, which is the longest possible lease term according to the civil law.
The court confirmed that following the end of the 60-year lease, the contract between the owner and the tenant is renewed at the request of one of the contracting parties and following the owner’s approval.
The court made it clear that whatever the terms of the contract include unclear and direct articles, this does not cancel the legal rule established in the Civil Code, “The tenant may not be expelled under the old system until following 60 years and the owner has been warned of that.”
Article 999 of the Civil Code stipulates, regarding the right of the hekr over the rented apartment: “It is not permissible to reserve for a period of more than sixty years. His apartment is from the tenant.
The court confirmed that if the old lease contract was for a specified period, the owner has the right to take his property or apartment at the expiry of that period, but if it is not specified, it expires following 60 years.
What was stated in the ruling of the Court of Cassation is specific to rent in residential and not legal places – governmental and private institutions, bodies and departments – which issued amendments specifying the period of the old rent at 5 years
President Abdel Fattah El-Sisi had ratified the amendments to the old rental law, for non-residential purposes for legal persons, as it included the expiry of the lease period following 5 years from the date of enforcement of the law issued on the first of this March.
The legal rental value of the leased premises subject to its provisions is five times the legal value in force, then it is annually and periodically increased the last legal value due according to this law at a rate of (15%).
The tenant is obligated to vacate the leased premises and return it to the owner or the lessor. He had a reason.”
