The issue of eviction from real estate in the event of disputes

The issue of eviction from real estate in the event of disputes

The Saudi legislator has regulated the issue of vacating real estate in the event of disputes through two main tracks: the litigation track and proving the right, and the forced execution track. Below is a breakdown of the legal regulation of this:

First: Jurisdiction in eviction lawsuits 

General courts have jurisdiction to hear all lawsuits related to real estate, including eviction and rent payment lawsuits, in accordance with Article Thirty-One of the Sharia Procedures System. If the dispute is related to (a joint property), any partner has the right to file a lawsuit requesting the eviction of the joint property from anyone who unlawfully places his hand on it.

What is the regulation of the issue of eviction from real estate in the event of disputes

Second: Procedures for the forced implementation of the eviction ruling

 After the issuance of the executive document (as a judicial order for eviction, or a notarized lease contract that is considered an executive document), recourse is had to the enforcement court. Article 72 of the Enforcement Law and its executive regulations regulates the procedures as follows:

• Notice and Deadline: An announcement will be placed at the entrance to the property scheduled to be evacuated five days before the evacuation date. The announcement includes the evacuation date and the separation of services from the property.
• Actual execution: Execution takes place when the execution officer goes to the property site the day after the five days have passed and hands over the property to the executor. The warden has the right to use coercive force to enter the property if necessary.
• Taking into account humanitarian cases: When entering homes containing women or children, legal controls are taken into account, and their departure is facilitated in a way that does not obstruct implementation procedures, and implementation in this case takes place in the presence of the competent force.
• Handling of movables (furniture):
  • If the person in possession of the property does not appear, or refrains from receiving its movables, these movables shall be delivered to the judicial treasurer, and the enforcement judge shall order them to be sold at auction after two months unless the possessor receives them.
  • If the movables are subject to damage, or their estimated value does not exceed (50,000) fifty thousand riyals and their owner does not attend, they are sold directly at auction and their price is saved.

• Occupation of the property by a third party: If it appears that the property is occupied by a person other than the “perpetrator” who refuses to vacate:
  • If he holds an executive bond that gives him a right to the property (such as a valid and notarized lease contract), it is considered an implementation dispute and implementation is suspended against him.
  • If he does not hold an executive document, the implementation procedures will not be suspended and he will be evicted. He will later have the right to file a lawsuit with the trial judge to prove any rights he claims.

• Validity of postponement: The Enforcement Department may, if necessary, postpone the start of evacuating the property, provided that the postponement does not exceed a period of (30) days.

What is the regulation of the issue of eviction from real estate in the event of disputes

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