Eviction Judgment and Its Difference from an Eviction Order

Eviction Judgment and Its Difference from an Eviction Order

In disputes between tenants and landlords, terms such as “eviction judgment” and “eviction order” are commonly used. Many individuals, due to insufficient legal knowledge and unfamiliarity with legal principles, assume that these terms have the same meaning. From a legal perspective, however, these two concepts are distinct and differ significantly.

Eviction Order

What Is an Eviction Order and When Is It Issued?

Under the Law on Landlord and Tenant Relations enacted in 1997, landlords are granted a legal privilege, allowing the Dispute Resolution Council to issue an eviction order promptly, provided certain conditions are met. These conditions include the following:

• The lease agreement must be in writing and executed as an official document, or, if it is an informal agreement, it must be signed by at least two witnesses.
• The lease term must be specified in the lease agreement.
• The lease agreement must be prepared in duplicate and signed by both parties.
• The lease term stated in the agreement must have expired.

If these conditions are satisfied and the matter does not involve goodwill or business rights, the council will promptly issue an eviction order. The speed of the process and the absence of a formal hearing are the primary advantages of an eviction order compared to an eviction judgment.

Eviction Judgment

What Is an Eviction Judgment and When Is It Issued?

If the above-mentioned conditions for issuing an eviction order are not present in the lease agreement, the applicant must seek an eviction judgment instead of an eviction order. In such cases, a hearing is held, both parties are summoned, and a judgment is issued after review. As a result, the expedited nature of an eviction order does not apply.

Differences Between an Eviction Order and an Eviction Judgment

The most significant difference between an eviction order and an eviction judgment lies in the speed of the process. An eviction order follows a rapid, simplified procedure, whereas an eviction judgment requires completion of formal legal stages.

In the event of an eviction order, the tenant’s presence is not required. If the tenant is absent, their belongings are removed from the property and transferred to a public storage facility. In contrast, an eviction judgment first requires issuance of an enforcement order, after which the tenant is given 10 days to vacate the property. If the tenant fails to comply, the eviction is carried out through judicial enforcement.

Objection to an Eviction Order

Unlike an eviction judgment, an eviction order is not appealable and is executed immediately. However, suspension of enforcement is possible if circumstances such as the lack of authenticity of the lease agreement or the tenant’s extension of the lease are proven. Such objections must be raised before the court. If the court accepts the evidence, enforcement may be halted upon provision of appropriate security. Any objection must be made promptly, as eviction orders are executed without delay.

Competent Authority for Issuing an Eviction Order

Pursuant to Article 9 of the Law on Dispute Resolution Councils, the Dispute Resolution Council of the location of the property has jurisdiction over eviction orders. In cases involving official lease agreements, eviction may also be carried out through the Registration Enforcement Authority.

It should be noted that if the leased property is commercial and the lease agreement dates back to 1977 or earlier, jurisdiction lies with the competent court, not the council.

Competent Authority for Issuing an Eviction Judgment

In this regard, a distinction must be made between lease agreements that include goodwill rights and those that do not:

If the lease agreement does not include goodwill rights and relates to residential or commercial property, the Dispute Resolution Council of the property’s location is the competent authority.
If the lease agreement concerns a commercial property that includes goodwill rights, the competent court of the property’s location has jurisdiction.

A judgment issued in relation to eviction is subject to appeal, and if the judgment is issued in absentia, it is also subject to objection.

Conclusion

Both eviction orders and eviction judgments may be requested from the Dispute Resolution Council under specific conditions. An immediate eviction order requires a written lease agreement that specifies the lease term and is signed by the parties. If these requirements are not met, an immediate eviction order cannot be issued, and the applicant must seek an eviction judgment through the appropriate legal procedures.

Additionally, pursuant to regulations issued by the National Headquarters for Combating the Coronavirus, evictions have been suspended, and lease agreements are automatically extended, with a 25% increase in Tehran and a 20% increase in other cities.

Frequently Asked Questions About Eviction Judgments and Eviction Orders