General rental terms

Housing is the first unit of society, the most important unit of human settlement, and the smallest unit of planning projects (Vosoqi, 1379: 29). Housing is the most important place and key element in society’s acceptance of the world and is crucial in organizing social space. Housing plays a very determining role in shaping individual identity, social relationships, and collective and ideological goals. Housing is a point of intersection in all contradictions and dualities (Short, 1388: 240-41).

One of the contracts that is prevalent in the legal relationships of individuals in all countries, including our country, is the lease contract. “Lease” is a common and widely used term that we all hear about and most people are familiar with its meaning and concept. The subject of leasing is usually objects, and most commonly, leasing is used in relation to land and buildings, and sometimes vehicles or industrial machinery. Considering the diversity of citizens’ lifestyles and their need for a home

2. Landlord and tenant relationships

The relationship between the owner (landlord) and the tenant has been reflected in various contracts throughout history, known as lease and rental agreements. These relationships have been influenced by social, religious, and ownership issues – whether it is private or endowment – as well as environmental and geographical conditions. Examining this subject facilitates understanding of the landlord-tenant relationship, land ownership system, and how real estate is managed during a specific period, and helps to understand the underlying layers of society.

What is now being implemented as enforceable regulations regarding rental relationships is the Landlord and Tenant Law passed in 1997. In order for a lease agreement or rental relationship to be subject to the 1997 law, certain regulations must be followed. This includes the requirement for the contract to be in writing, in two copies, and signed by two witnesses and both parties.

Rental agreements for residential properties that were made before the enforcement of the 1997 law are subject to the 1983 law, and

1.2. Lock

The security deposit is a right for the tenant, which, if specified in the contract and paid to the landlord at the beginning of the lease or upon signing the commercial lease agreement before the implementation of the 1997 law and before September 27, 1986, will be paid to the tenant by the landlord in case of eviction. In case of a change in the tenant’s occupation of the commercial rental property contrary to the agreement and contract, not only can the landlord request the eviction of the tenant and, if the tenant refuses, from the court, but in this case, no amount of the security deposit will be paid to the violating tenant. However, in case of transferring the property to another without the landlord’s permission or agreement, half of the security deposit must be paid to the tenant at the same time as the eviction of the rental property.

2.2. Discharge

At the end of the residential lease term and upon request of the landlord or their legal representative, the rental property will be vacated within one week if the lease agreement is official, and with a court order if the agreement is informal. In addition, the landlord and tenant law of 1997 and the approved law of 1977 – specifically for commercial rental properties – have provisions that allow either party to terminate the agreement in case of certain events. Tenant misconduct in the rental property, transfer without permission of the owner, and failure to pay rent in accordance with the conditions specified in the law may result in the landlord or their family members requesting eviction for personal needs. The parties can include any conditions that are not explicitly prohibited by the law and agree upon them in the contract. In any contract, legal representatives such as lawyers, heirs, or guardians of the landlord or tenant can sign and confirm on behalf of their client, whether they are minors, mentally disabled, or imprisoned.

3.2. Rent and advance payment

Usually, rent or, as the old say, “kira” is the same amount of money that the tenant must pay to the landlord at specific times. It is possible for a certain amount of money, such as a loan, to be paid as part of the rent in a residential lease agreement and be agreed upon by both parties to be returned at the end of the lease term and before vacating the rental property. Any agreement or exchange made between the two parties, such as a guarantee, deposit, and the like, is valid and must be acted upon accordingly.

If the ownership of the rental property is transferred to someone else by the landlord in a commercial or residential lease, the lease agreement remains valid unless otherwise agreed upon in the contract between the landlord and tenant. For example, it may be agreed upon that in the event of a transfer of ownership of the rental property to someone else, the lease agreement can be terminated by one of the parties or automatically ends (as lawyers say,

4.2. Landlord and Tenant Disputes

The landlord has the right to take legal action against the tenant if they violate the terms of the contract, such as transferring the lease to someone else (if prohibited in the residential lease agreement) or causing damage to the rental property that cannot be prevented. The landlord can also take legal action if the tenant fails to pay rent, or if the lease term ends, by going to the Dispute Resolution Council for residential properties or the General Court of Law for commercial properties, and filing a lawsuit. If these violations are proven and in accordance with the regulations or terms of the contract, the landlord can use them as evidence to evict the tenant, claim damages, or have the tenant convicted for their misconduct. The tenant also has the right to take legal action in certain situations, such as when the lease agreement or official rental document (for commercial properties) is not properly executed, or if there is major damage to the rental property or obstacles created by the landlord that prevent the tenant from using the property.

Sources:

1- Executive Regulations of Landlord-Tenant Relations 1378.02.19 – 69145, T 19845‌h – 1378.03.17 – 204.
2- Short, John René. (1388). “Critical Evaluation of Urban Theory”, translated by Ziyari and colleagues, Tehran: University of Tehran Press.
3- Vosoqi, Fatemeh. (1379). “Housing in Khorasan”, Mashhad, Paz Publications.