Property eviction is one of the most common disputes between landlords and tenants in Kuwait. Given the intersection of rights and obligations regulated by the Kuwaiti Tenancy Law, it is essential to understand the legal cases that allow eviction to protect property and ensure against arbitrary displacement.
What is Property Eviction in Kuwaiti Law?
Property eviction is a legal procedure through which the rental relationship is terminated, and the tenant is required to vacate the leased premises. This can occur:
- Consensually: By agreement between both parties.
- Judicially: Through the courts according to the provisions of the Tenancy Law and Civil Law.
When Does a Lessor Have the Right to Legally Request Eviction?
A lessor does not have the right to arbitrarily evict a tenant. The law specifies certain cases that grant this right, which the specialists at Al-Subaiei Law Firm handle with high professionalism:
- Non-payment of Rent: Eviction can be requested if the tenant fails to pay rent on agreed dates, provided an official warning is served and the refusal to pay continues after the deadline.
- Violation of Lease Terms: Including using the property for purposes other than agreed upon, making structural changes without permission, or subleasing without written consent.
- Severe Damage to the Property: If the tenant causes damage or neglects the property leading to its deterioration.
- Lessor’s Personal Need or Contract Expiry: Upon contract termination or if the lessor proves a serious personal need to inhabit the property or house a relative.
- Illegal Use: Using the property for activities contrary to law, public order, or morals leads to immediate judicial eviction.
Legal Procedures for Eviction
To complete the eviction process legally, one must follow these steps:
- Serve a legal notice to the tenant.
- File an eviction lawsuit before the competent court.
- Provide evidence supporting the reason for eviction.
- Obtain and execute the court judgment through the Execution Department.
Legal Alert: A lessor may not evict a tenant by force, change locks, or cut off services without a final court judgment.
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Book your consultation nowFrequently Asked Questions (FAQ)
Does a lessor have the right to evict a tenant without a court judgment?
No, eviction without a judicial ruling is an illegal act that subjects the lessor to legal liability.
How long does an eviction lawsuit take?
The duration varies depending on the complexity of the case, but it typically takes several months.
Does a single delay justify eviction?
Usually not, unless the contract explicitly states so or if the delay is repetitive.
Do rules differ between residential and commercial properties?
Yes, there are differences in some legal provisions and procedures based on the property type.
