The Legal Extension of the Lease Agreement in the Jordanian Landlords and Leasees Law

Abd Al-Rahman Jum'ah

Abstract


The Jordanian landlords and leasees law has adopted the legal extension of the lease agreement in the law No. 62 of the year 1953, the law No. 29 of the year 1982, and the law No.11 of the year 1994, according to which the leasee is aloud to continue to occupy the leased object by force despite that the lease has elapsed, i.e. the leasee, under the above mentioned laws, may continue to benefit from the least object despite its termination, relying on the rule of law.
The legislator abandoned the application of this principle when the landlords and leasees law No. 30 of the year 2000 was issued, since it applied the principle of freedom of contract over all lease agreements signed after its enforcement whereas lease agreements signed before its enforcement, the law obliged its evacuation by 31/12/2010, it should be noted that article 14 imposed increasing the amount of the lease signed before 31/12/1990.
The legislator issued the law No. 17 of the year 2009 which imposed in its article 15 an increase on the amount of lease for the contracts signed before 30/8/2000. Article 15 stipulated that non-residence lease contracts signed before 1/1/1990 should be terminated by 31/12/2011, while residence lease contracts signed after 1/1/1975 and before 30/8/2000 should be evacuated in accordance to article 5/a/1,2, while contracts signed after the enactment of the law shall be governed by the terms agreed upon in the contract whether it was for residence or otherwise, i.e. the lease shall terminate by the term agreed upon by virtue to article 5/b/1 of the said law. This law provided a table for contracts signed before 30/8/2000, i.e. the Jordanian legislator terminated all lease agreements valid before 31/12/1974 by 31/12/2011. Article 5/b/2 tackled the situation with regards to lease agreements which are automatically renewed, yet the Jordanian Cassation Court contradicted this rule and the same did the Law Interpretation Bureau.
As a midway between the two interests, the cabinet introduced the landlords and leasees bill of 2012 to the Parliament, but the lower house failed to discuss it in its regular session in 2012, and in two irregular sessions for the lack of attendance, and due to many pros and cons to the bill. Thus, the law No. 22 of the year 2011 is the valid law since His Majesty King Abdullah II use his right in resolving the lower house before ending its term.
We have many observations on the law as shall be shown during the study of this research.

Keywords


Landlords, Leasees Law, Lease Agreement.

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