What is a lease agreement?
It is a contract that enables the tenant to use something for a certain agreed period in return for a known fee, it is the process of benefiting from a real estate unit as commercial shops or residential property for an estimated period in exchange for cash or other payment agreed upon.
What are the conditions for concluding a lease?
1- The competence of the two contracting parties at the time of the contract, that each of them is sane and qualified.
2- The lessor must be the owner of the property or an agent of the owner or a guardian for it.
What does a rental agreement include?
1- Duration of the contract.
2- The agreed amount.
3- The availability of witnesses at the conclusion of the contract (not mandatory).
4- Mentioning the details of the place where the contract was concluded.
5- Mention the property number.
What are the provisions of the lease contract?
It is a set of obligations that the landlord and the tenant must abide by. The lessor has several obligations:
1- Commitment to hand over the leased property: The lessor is obligated to hand over the leased property that has been agreed upon, and it is not permissible for him to hand over anything else, even if it is better\higher unless the lessee agrees to it. The lessor is also obligated to deliver the accessories of the leased property, meaning its requirements.
2- The lessor's commitment to good maintenance of property: the lessor is obligated to maintain the leased property in order to maintain the condition in which it was delivered, and to carry out all necessary repairs without the tenant's own repairs and the necessary repairs, either they are necessary to preserve the leased property or necessary to use it in the manner intended by the contract.
3- The lessor's commitment to guarantee to refrain from measures that allow him or her to abusively use his or her power over the tenant; for example any hidden defect of the property must be disclosed to the tenant in advance of time, or the owner must refrain from making the tenant vacate the property before the agreed end of a contract, etc.
Obligations of the lessee:
1- The obligation to use the leased property for what it was designated for, and not to change it in a way that harms the lessor.
2- Notifying the lessor of any situation or circumstance that requires his or her intervention.
3- Maintaining the leased property.
4- Obligation to pay the rent.
5- The obligation to return the leased property after the end of the lease contract.
What are the types of lease contracts?
1- Rent ending with ownership: The ownership of the property transfers in exchange for a cash sum that the seller will receive after an agreed time.
2- Rent for a determined period of time: the process of using a real estate unit for a certain period in the year for a certain number of years.
3- Taqbeel: the process of receiving real estate fee with the materials it contains, and the recipient accepts all the conditions that apply to the fees and what is in it in exchange for cash or in-kind payment.
4- Sabra: a profit rent for a specific period.
5- Grants: lands that the state distributes to citizens.
6- Donations: What is given without compensation to a person, organization, charitable association, or others.
Is it necessary to renew the lease contract at the end of the contract period?
The residential lease contract can continue for 12 years unless one of the parties breaches the terms of the contract. However, the commercial contract ends after the end of the contract period and may be renewed if the parties willing to renew it.
Where can I get more information?
Some Humanitarian actors provide free legal aid on housing, land, and property issues. Such organizations include PIN, NRC, DRC, IOM, Intersos, Human appeal and IRC.
For more information, please contact the Iraq Information Center: Phone (toll-free): 80069999
Complaints and suggestions section of the International Rescue Committee: 07517354229
Hotline for the legal team specialized in housing, land, and property issues of the International Rescue Committee in Kirkuk: 07722366077.
The hotline for the justice centre in Tikrit: 07714907607
Simaet Bhatha website provides general information and should not be considered legal advice. If you have more questions, please, feel free to contact us on our Facebook page. We will do our best to provide a response as soon as possible.