Forcing real estate without a rental relationship  

Forcing real estate without a rental relationship  

Criminal track (via police and prosecutors) 

What these people did in breaking the door and entering and living in the property constitutes a crime of trespassing on the property of others. Therefore, the following must be done immediately: 

1. File a police report: Your father must immediately go to the nearest police station and file an official report of the “property trespass” incident. He must state in the report that he is the legal owner of the property (providing proof of this, such as a title deed), that the property was empty, and that he was surprised to find people living in it after they broke down the doors. 
2. Investigation and re-possession: The police will inspect the site and investigate the incident. Since the crime is accompanied by the use of force (breaking down the door), the criminal court, when considering the case, can order the property to be returned to your father. Article 185 of the Code of Criminal Procedure states: “If a person is convicted of a crime accompanied by the use of force, and it appears to the court that a person was stripped of a property because of this force, the court may order the property to be returned to the possession of the person from whom it was usurped.” 

This route may be the quickest to vacate the property if criminal proceedings proceed urgently. 

Forcing real estate without a rental relationship  

Civil track (eviction lawsuit before the court) 

This is the original and guaranteed path to vacating the property and restoring its possession completely and legally, and it goes as follows: 

• Filing an eviction lawsuit: Your father, as the owner, files an “evacuation lawsuit for a property to be seized without legal basis” before the General Court. This claim is based on your father’s established property right and the absence of any contractual relationship between him and the occupants of the property. 
  • This right is confirmed by Article 5 of the Joint Funds Division Regulations, which allows any partner (and a fortiori the owner) to file a lawsuit to vacate the property from anyone who unlawfully seizes it. 
• Invalidity of the lease: The contract that the residents cling to is worthless to your father. The landlord cannot rent what he does not own or what he does not have the right to dispose of. Any exposure from the real owner is considered an exposure based on a statutory reason that invalidates the tenant’s right to usufruct, according to the concept of Article Twenty-Three after Four Hundred of the Civil Transactions Law. 
• Issuance of an eviction order: After reviewing the case and confirming that your father owns the property and that there is no legal basis for the occupants, the court will issue an eviction order. This judgment is considered an executive document. 
• Forced execution (final stage): After obtaining the final eviction ruling, it is submitted to the execution court, which will force the occupants out. Article 72 of the Enforcement Law details the procedures for this, whereby the enforcement officer goes to the property and may use coercive force if necessary to hand over the property to the owner. 
  • Even if the occupants present their alleged contract to the enforcement officer, this will not stop the proceedings. Article (72/10) of the Executive Regulations of the Implementation System stipulates that if the occupant of the property does not hold an executive bond that grants him the right to exploit the property, the implementation procedures do not stop. 

For law and legal consulting? Contact the office of lawyer Abdul Majeed Al Rashid.