Eviction Order and Eviction Judgment
An eviction order applies only to leased residential premises and does not extend to administrative or commercial properties subject to goodwill rights.
When a tenant refuses to vacate the premises after the lease term expires, the landlord may seek an eviction order.
For example, if a residential property was leased under a two-year agreement beginning in 2013 and the lease expired in 2015, the landlord may request the tenant to vacate the premises.
If the tenant refuses to comply, the landlord may regain possession of the property through an eviction order.
Legal Requirements for Requesting Eviction of Residential and Commercial Property
To obtain an eviction order, certain legal conditions must be satisfied:
- The lease agreement must specify the duration of the tenancy.
- The lease must not relate to commercial premises that are subject to goodwill rights, or it must concern non-commercial property.
- Two witnesses must sign the lease agreement.
- The lease term must have expired.
- The lease agreement must be prepared in two copies and signed by both parties.
Parties Involved in Eviction Proceedings
In eviction proceedings, the claimant is the landlord or the holder of the right of use and benefit, while the defendant is the tenant. It should be noted that in lease agreements, ownership of the physical property is not required.
Ownership of the right of use and benefit is sufficient. Therefore, a person who is not the actual owner of the property may still have the legal authority to lease it to another party under a valid agreement.
Competent Authority for Issuance of Eviction Orders
The authority competent to issue eviction orders for lease agreements, whether formal or informal, is the Dispute Resolution Council located in the jurisdiction where the property is situated. In cases involving formally registered lease agreements, eviction may also be pursued through the Registration Enforcement Office.
If the leased premises are commercial and the lease agreement was concluded under legislation enacted before 1977, the Dispute Resolution Council will not have jurisdiction, and the matter must be brought before the competent court.
The issuance of an eviction order does not require a formal hearing and is handled urgently and outside the normal case schedule. Such orders are not subject to appeal.
If the tenant claims that the lease has been extended, the tenant must file a claim before the General Court located in the jurisdiction of the property. Execution of the eviction order will only be suspended if the court finds the tenant’s claim justified and orders a suspension upon provision of appropriate security.
COVID 19 Regulations Concerning Tenants
Government measures introduced during the COVID 19 pandemic included provisions supporting tenants.
These measures were adopted during the seventy-second session of the National Coronavirus Management Headquarters and included the following:
Support Measures for Tenants
In consideration of the public health crisis and its economic impact, the government implemented policies to support vulnerable households, particularly tenants. Under these regulations:
- Rent increases were limited to 25 percent in Greater Tehran.
- Rent increases were limited to 20 percent in other major cities.
- Rent increases were limited to 15 percent in smaller urban areas.
Additionally, financial assistance was made available to tenants to help cover rent and deposit payments. The allocated financial assistance was structured as follows:
- Up to 700 million rials for tenants in Tehran.
- Up to 400 million rials for tenants in other major cities.
- Up to 250 million rials for tenants in smaller cities.
COVID-19 Regulation Regarding Lease Renewal
During the same session, provisions were introduced regarding automatic renewal of residential lease agreements. According to these measures, residential lease agreements that expired before the end of the Iranian calendar year 2021 were automatically extended for one year if the parties failed to reach a new agreement and the tenant requested renewal.
Certain properties were excluded from automatic renewal, including:
- Residential properties for which the owner had obtained demolition permits from municipal authorities.
- Properties scheduled for reconstruction or redevelopment with official municipal approval.
- Residential properties requiring major structural repairs necessitated the evacuation of tenants.
In such cases, valid construction permits or demolition orders from relevant authorities were required. Additionally, tenants who fail to pay the adjusted rent difference following lease renewal may be required to vacate the premises.
Frequently Asked Questions About Eviction Orders and Eviction Judgments
An eviction order is a legal measure that allows a landlord to recover possession of residential property when a tenant refuses to vacate the premises after expiration of the lease term. It applies only to residential properties and does not extend to commercial properties subject to goodwill rights.
The lease must specify its duration, relate to non-commercial property or commercial property without goodwill rights, be signed by two witnesses, have expired, and be executed in two copies signed by both parties.
The claimant is the landlord or the holder of the right of use and benefit, and the defendant is the tenant.
The Dispute Resolution Council located where the property is situated generally has jurisdiction. For formal lease agreements, eviction may also be pursued through the Registration Enforcement Office. Commercial leases governed by older legislation fall within the jurisdiction of the general courts.
No. Eviction orders are issued urgently, without formal hearings, and are not subject to appeal. However, tenants may challenge the eviction by filing a claim before the competent court.
Government regulations limited rent increases, provided financial assistance to tenants, and, in many cases, allowed automatic one-year renewal of residential lease agreements, subject to specific exceptions. What is an eviction order, and when is it used?
What legal requirements must be met to obtain an eviction order?
Who are the parties in eviction proceedings?
Which authority has jurisdiction over eviction orders?
Is a hearing required for issuing an eviction order?
What protections were provided to tenants during the COVID 19 pandemic?
Can a landlord remove my belongings before the eviction order is actually enforced?
Generally, a landlord must follow the legal enforcement process and cannot remove a tenant’s belongings on their own. The timing and procedure depend on the applicable law and the specific court order. If this has already happened in your case, the details should be reviewed carefully.
If I pay all the overdue rent after the eviction lawsuit starts, does the case automatically end?
Not necessarily. The outcome depends on the reason for the eviction, the terms of the lease, and the applicable legal rules. In some situations, payment may resolve the dispute, while in others the case may continue. A review of the case documents would be important.
Can the court give the tenant extra time to move out even if the landlord wins?
In certain circumstances, the court may consider the facts of the case when determining the timing of enforcement. Whether additional time is available depends on the governing law and the specific circumstances presented to the court.
What happens if the tenant refuses to leave after the eviction order becomes final?
Once a valid eviction order is enforceable, the landlord must use the legal enforcement process rather than taking action personally. The exact procedure varies, but self help eviction is generally not the appropriate approach.
Can an eviction order affect my ability to rent another property later?
It may, depending on how rental history is reviewed in the relevant jurisdiction and whether the matter appears in public records. The long term impact can vary, so it is best to understand the legal outcome of your specific case.
Can a landlord ask for unpaid rent and an eviction order in the same lawsuit?
In many cases, both possession of the property and financial claims may be addressed in the same legal proceeding, depending on the applicable procedural rules. The available remedies should be evaluated based on the facts of the dispute.
If the lease has already expired, does the landlord still need a court order?
In many situations, the expiration of a lease does not eliminate the need to follow the legal eviction process. The required procedure depends on the governing law and the nature of the tenancy.
Can an eviction order be appealed after the judge issues it?
Depending on the applicable law, certain eviction decisions may be subject to appeal or other post judgment procedures. Deadlines are often strict, so obtaining legal guidance promptly is important if you are considering that option.
What if the tenant damages the property before leaving?
Property damage may give rise to separate legal claims in addition to the eviction process. The available remedies depend on the evidence, the lease terms, and the applicable law. Proper documentation is often very important.
Can a landlord change the locks immediately after getting the eviction ruling?
Receiving an eviction ruling does not always mean the landlord can immediately take possession of the property. In many cases, additional legal enforcement steps are required before the tenant can be removed. The exact process depends on the applicable law and court procedures.