Tenant’s rights over the lessor

Tenant’s rights over the lessor

Tenant’s rights over the lessor: There is no doubt that the primary purpose that the tenant seeks through the lease contract is to benefit from the leased property, and in order for that purpose to be achieved; The essence of the lessor’s obligation came to enable the tenant to achieve that intended benefit, and in addition to this obligation, the organizer decided on a number of other obligations that the lessor has towards the tenant, and therefore; They serve as rights for the tenant over the lessor.

Tenant’s rights over the lessor

In fact, all of these rights revolve around the basic obligation of enabling the benefit to be fulfilled. In order for the tenant to be able to benefit from the rented property effectively and quietly throughout the rental period, he must receive the property in the condition that makes it suitable for the intended benefit.

The lessor must commit to the necessary maintenance throughout the lease period, in addition to refraining from being exposed to that benefit, and even paying the exposure of others as well. The lessor also guarantees any defects that appear in the leased property that affect the benefit.

All of these rights of the tenant are the focus of our current article, which we will discuss in detail, according to the texts of the Civil Transactions System:

First: The tenant’s right to receive the rented property

This is a self-evident right in a lease contract, as the tenant’s intention to conclude this contract can only be achieved if he is able to receive the leased property itself. Therefore, the first obligation that falls on the landlord is his obligation to deliver the leased property to the tenant.

What should the landlord deliver?

The lessor must deliver the leased property as specified in the contract.
If it is specified by type only, the lessor is obligated to deliver a sample of the same type.
The rented property and its accessories must be delivered in a condition suitable for achieving the agreed purpose.
The lessor is obligated to remove obstructions and ensure the eye’s usability, but is not obligated to make decorations or ornaments.
The landlord is obligated to deliver to the tenant the accessories that allow the use of the rented property.
Accessories are determined based on the agreement of both the lessor and the lessee or the nature of the leased item.

The ruling on deficiency and excess in the area of the leased property

1- In case of deficiency, the following shall apply:

If it is a trivial deficit that is tolerated by custom, it does not affect the lease contract.
If it is a material deficit, the tenant has the right to reduce the rent or cancel it if the deficit is serious.

2- As for the increase, the following should be followed:

If the fee is specified in bulk, there is no increase in the fee, and the lessor has no right to request cancellation.
If the fare is estimated on a unit basis, there are two assumptions:
A- If it is divisible, the tenant has the right to take only the agreed-upon amount.
b- If it is indivisible, the tenant is required to pay the excess amount in the wage or requests cancellation if the increase is significant.

How is the leased property delivered?

The leased property is delivered by placing it at the tenant’s disposal so that he can possess and benefit from it without hindrance, with the landlord informing the tenant of this situation. It may be an actual delivery by actually placing the property at the tenant’s disposal, by giving him the key to the property, or it may be a judgmental delivery agreed upon in the contract, stating that the tenant received the property as soon as he signed.

Penalty for breach of the obligation to deliver the leased property

The lessor shall be in breach of his obligation to deliver the deferred property in the following cases:

Not delivering completely.
Partial delivery (such as delivery of the eye without its accessories).
Delivery of the eye in a condition unfit for the purpose for which it was rented.
Delivery of the eye late or at an unagreed location.
If any of the above conditions are met, the tenant has the right to claim any of the following:

1- Real-time execution: This is forcing the lessor to hand over the property or repair it so that it is suitable for usufruct. The lessee also has the right to carry out the necessary repairs himself at the lessor’s expense with or without judicial permission in cases of urgency.

2- Annulment: The tenant may request the termination of the contract if the breach is serious, such as a significant delay in delivery or the unsuitability of the property for the purpose for which it was leased, noting that the judge may refuse termination if the breach is minor, such as a slight delay or minor repairs.

3- Compensation: The tenant has the right to claim compensation for damages he suffered as a result of the breach, such as additional costs for renting an alternative place or losses resulting from delay.

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Second: The tenant’s right to oblige the landlord to maintain the rented property

The lessor is obligated to preserve the rented property and carry out the necessary restorations during the rental period to keep it usable. Necessary restorations include plastering roofs, removing wells and toilets, sealing cracks, and repairing toilets. They also include repairing property accessories such as stairs, elevators, and garages. The lessor shall bear the costs of these restorations, unless the damage is caused by the fault of the lessee or one of his dependents.

Permissibility to amend the maintenance obligation

The parties may agree to amend this obligation so that the tenant bears some costs or restorations, provided that this agreement is clear and explicit.

Penalties for breach of maintenance obligation

1- Real-time implementation: The tenant can request that the landlord be obligated to carry out the necessary restorations, and the tenant can carry out the restorations himself with the approval of the judiciary and deduct the expenses from the rent, noting that if the restoration is urgent and simple, the tenant can carry it out without a license from the judiciary, provided that the landlord is excused and given an appropriate time for repair.

2- Annulment: The tenant has the right to request termination of the contract if the breach is serious, and the court has discretion to rule on termination or give the landlord an opportunity to carry out restorations.

3- Reducing the rent: The tenant may request a reduction in the rent in proportion to the lack of benefit from the property as a result of the need for restoration, and if full benefit returns, the full rent returns.

4- Compensation: The tenant has the right to claim compensation for damages resulting from the breach, whether independent or in addition to the in-kind execution, termination, or reduction of the rent.

Third: The tenant’s right to ensure that his benefit is not exposed

Another obligation that falls on the landlord is that he is obligated to refrain from any action that could prejudice the tenant’s benefit from the rented property, and he is also obligated to prevent others from committing such actions, so that the tenant can achieve full and quiet benefit from the rented property, and so on; It turns out that the guarantee of non-exposure is divided into two types:

The first type: ensuring that the lessor himself is not exposed.
Exposure is any act or behavior committed by the lessor that results in a breach of the lessee’s benefit from the leased property. This exposure may be material or systematic, and the rule is that the lessor guarantees that he will not be personally exposed, whether material or systematic.

Material exposure is achieved by the landlord when he commits any material act that hinders the tenant’s benefit from the rented property without relying on a right he claims over it, such as making changes that disrupt the tenant’s benefit, such as uprooting garden trees or demolishing part of the wall.

Legal exposure occurs when the lessor relies on a right he claims over the leased property, such as demanding that the lessee vacate it after becoming its owner despite signing the lease contract when he was not the owner.

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What are the conditions for a lessor’s act to be considered an exposure?

The following conditions must be considered for the lessor’s act to be considered exposure:

1- Disruption of usufruct: If the lessor commits an act that disrupts the tenant’s usufruct of the property or its accessories, if the disposition does not result in any breach, it is not considered an exposure, such as mortgaging the rented property without affecting the tenant’s usufruct.

2- The act occurs during the usufruct period: The disposition must take place during the period of the tenant’s usufruct of the property, whether during the original contract period or the period that was extended or renewed, but if the disposition occurs after the end of the usufruct period, it is not considered an exposure.

3- The lessor’s failure to rely on a right: If the action is based on a legal text, a clause in the contract, or a court ruling, it is not considered an exposure, such as the lessor entering to carry out necessary renovations or verify the lessee’s compliance with the terms of the contract, as all of these are rights available to the lessor, and therefore; his use of them is not considered an exposure.

Examples of the lessor’s exposure to the lessee in his benefit

If the conditions for exposure are met in the lessor’s act, this is considered exposure to the lessee. Examples of this exposure include:

1- Changing the rented property or its accessories: The landlord is prohibited from making changes that would impair the tenant’s benefit, whether material, such as demolition or uprooting trees, or moral, such as cutting off water or electricity.

2- Preventing the tenant from using the spring in a permissible way: such as preventing the use of the elevator or garden, placing a sign, or installing necessary devices.

3- The lessor’s use of the rented property or its accessories: The lessor may not enter or use the rented property, unless it is based on a legal reason, as a restoration procedure or to accompany a buyer.

4- Making a change in a neighboring eye: such as erecting facilities that cause inconvenience or damage to the rented eye, such as building a wall that blocks the air or noise caused by neighboring workshops.

5- Competition with the tenant in his profession: The landlord may practice a similar profession unless he intends to harm the tenant or the two parties agree not to compete.

6- Exposure of the landlord’s followers: The landlord is responsible for the actions of his followers that undermine the tenant’s benefit, such as the actions of the doorman or his representative, provided that they occur during or because of the performance of their duties.

What is the penalty for the landlord exposing the tenant’s benefit?

If the lessor fails to comply with his obligation to guarantee personal exposure, whether by himself or through his followers, in a manner that violates the lessee’s benefit from the leased property, the lessee shall have the right to claim any of the following:

1- Real-time implementation: The tenant requests the cessation of acts that constitute exposure, such as preventing the doorman from being exposed to him or his visitors, restarting the elevator, or removing facilities that have violated the benefit.

2- Reducing the fare: The tenant has the right to request a reduction in the fare equivalent to the decrease in benefit resulting from acts of exposure.

3- Annulment: The tenant can request termination of the contract, leaving the decision to the judge’s discretion based on the seriousness of the exposure and the circumstances of the case.

4- Compensation: The tenant has the right to combine compensation with any other penalty:

With real execution: compensation for the resulting damage is made before the exposure is stopped.
With termination: The tenant is compensated for the resulting damages, such as the cost of renting a replacement eye at a higher fee.
With a decrease in the fee: if the decrease is not sufficient to compensate for the damage.
The second type: ensuring that others are not exposed.
The lessor guarantees legal exposure issued by a third party, but does not guarantee material exposure issued by a third party. Legal exposure: such as a third party’s claim to ownership of the leased property or a personal right related to it. The tenant must also notify the landlord of the exposure, and the landlord must pay it. If the lessor fails to do so, he shall bear the consequences of the guarantee.

What are the terms of the lessor’s guarantee of legal exposure to third parties?

The following conditions must be met for the landlord to protect the tenant from legal exposure issued against him by third parties:

1- Issuance of exposure from a third party: The exposed person must be a person who was not a party to the lease contract or a representative therein. If it is issued by the landlord’s followers, it is considered an exposure by the landlord himself.

2- A third party’s claim to a right that conflicts with the tenant’s benefit: A third party must claim to own a right that conflicts with the tenant’s right, whether the claimed right is in kind (such as ownership of the property) or personal (such as a rental claim).

3- The exposure actually occurred: It is not enough to claim the right, but the exposed person must carry out his claim by a material act (such as cultivating the leased land) or by filing a lawsuit.

4- Exposure occurring during the lease term: Exposure must occur during the original contract term or the period to which it was legally or by agreement extended.

Under these conditions, the landlord is obligated to guarantee legal exposure issued by third parties, while the tenant retains his legal rights to ensure the use of the rented property.

Is it permissible for the tenant to pay the illegal exposure himself?

The tenant has a personal right to benefit from the leased property, not a real right over it, and therefore, as a rule, he does not have the right to directly address legal exposure issued by third parties. Instead, he must notify the lessor, who will defend against this exposure. However, there are exceptions that allow a tenant to face legal exposure themselves in two cases:

1- Exposure to material acts that violate the benefit: If a third party commits material acts that violate the tenant’s benefit and are considered an assault on his possession, the tenant has the right to file possession claims against a third party, provided that their conditions are met. However, the tenant does not have the right to file a direct claim against third parties.

2- Claims directed directly against the tenant: If the legal claim is directed directly against the tenant, and is not related to a real right over the rented property, the tenant can address this claim himself. Such cases include claims related to personal rights towards the tenant, such as a new buyer claiming that the lease is not valid due to the lack of proof of its date, or another tenant claiming priority in registering his contract.

In these two cases, the tenant has the authority to face legal exposure from third parties himself, despite the general rule that requires the landlord to undertake this task.

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