Paper Lease Contract / How It Works in Justice 

Paper Lease Contract / How It Works in Justice 

Legal status of an unregistered lease 

The owner’s argument that the paper contract has no value because it is not registered in the electronic network “rent” is valid in principle, but it does not give him the right to terminate the contract. The Kingdom’s regulations have stipulated that all lease contracts must be registered electronically. 

• Cabinet Resolution No. (292) of 1438 AH clearly stated that a lease contract that is not registered on the electronic network is not considered a valid contract and produces its administrative and judicial effects. 
• Ministry of Justice Circular No. (13/T/7656) of 1440 AH affirmed this principle, indicating that the courts would not consider lawsuits related to unregistered lease contracts concluded after the date of the circular. 

The key point of your case is that the primary responsibility for registering the contract lies with the lessor (owner), and in the event of his inaction, the system gives you the full right to correct the situation yourself. 

• Article Seven of the regulatory provisions regulating the relationship between the landlord and the tenant stipulates the following: “The landlord must, in a lease contract that is not registered in the electronic network for rental services (Ejar), submit a request to register the contract in that network, and the tenant has the right to request the registration of the contract in that network…” 

This text gives you two main strengths: 

1. Obligating the lessor to register: The owner is legally obligated to register the contract. 
2. Your right to registration: If the owner does not do this, you can register the contract yourself via the “Ejar” platform.

Practical steps you should take 

To convert your paper contract into an approved electronic contract that preserves your right to complete your rental contract, you must follow the following: 

Do not violate the property:

 Staying on the property is preserving your actual right. Do not respond to owner requests for eviction. 

Register the contract immediately: 

Log in to the “Ejar” electronic platform and follow the existing “contractual status” registration procedures. You will need to enter the data of the paper contract you own (your data, owner data, property details, contract duration, rental value). 

Objection period: 

After you register for the contract, the owner will be notified of this, and he has the right to object to the accuracy of the data within a period of (60) sixty days. If this period expires without objection, the contract data you have registered becomes correct and produces its effects. 

Converting the contract into an executive document: 

Once a contract is notarized in a “rent” network, it gains the power of an executive bond. This was confirmed by Ministry of Justice Circular No. (13/T/8843) of 1443 AH, which indicated the jurisdiction of the enforcement judge to implement the executive clauses included in the contract. This means that the owner can only release you by a court order, and no judgment will be issued against you as long as you are bound by the terms of the registered contract. 

Reporting a landlord violation: 

The lessor’s failure to register the contract constitutes a violation. According to the table of violations of the regulatory provisions, the lessor’s failure to submit a request to register the contract exposes him to penalties that begin with a warning and then financial fines, while obligating him to correct the violation by registering the contract, as stipulated in Article “Fourth” of the Controls for Correcting Violations. 

Paper Lease Contract / How It Works in Justice 

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