Rental Disputes in Qatar - Termination of lease without notice?

The disputes between landlord and tenant with regard to the commercial or residential building are resolved at the Rental Dispute Resolution Committee in Qatar.  This committee is resolving the rental disputes under Law No.4 of 2008 regarding property leasing.  

As per Article 15 of Law No.4 of 2008 a lease deed shall be terminated at the end of the term specified in the agreement.  Moreover Article 582 of Law No.22 of 2004 regarding Promulgating he Civil Code says that Lease is a contract under which the landlord enables the tenant to benefit from a particular item for a fixed period of time in return for a financial compensation.  So it is clear from these provisions of law that the lease contract is confined by time. 

It is worth noting Article 625 Civil Law that the lease shall terminate upon the expiry of its term as stated therein without notice to vacate, unless it is agreed to extend the lease for a fixed or other term if no specific date is stated.  The important aspect mentioned in this provision is termination of lease without notice.  

However, if the tenant continues to be in possession of the leased premises after the expiry of lease period without objection from the landlord, then the lease period shall be considered as renewed for another term on same conditions.

The termination of lease contract may be required by lessor or lessee due to some unexpected reasons.  Article 19 of Law No.4 of 2008 (as amended by Law No.20/2009) stipulates conditions for termination of lease by lessor.

The termination of lease by lessee is permitted as per Articles 632 to 635 of the Civil Code by giving notice under Article 588.  The notice under Article 588 shall not exceed three months.

1.      1. Article 632

Where any unforeseen circumstances arise in connection with either party which make the continuation of the lease unduly burdensome to such party, the court may, on demand by such party and upon a comparison of the interests of both parties, terminate the lease and fairly indemnify the other party.

Where the landlord demands termination of the lease, the tenant shall not be forced to return the leased property until indemnity is paid or until a sufficient security is provided.

2.      Article 633 

The lease contract shall not terminate on the death of the landlord or the tenant.

However, if the tenant dies, his heirs may demand termination of the lease if they prove that, due to such death, the obligations of the contract have become more burdensome than their resources can bear or that the lease exceeds their needs.

3.   Article 634.

Where the tenant dies and the lease relates to his professional or personal affairs, his heirs or the landlord may demand termination of the lease

4.   Article 635

Where the work of the tenant requires changing his place of residence, he may demand termination of the lease of his accommodation

Article 19 of Law No.4 of 2008 (as amended by Law No.20/2009) stipulates conditions for termination of lease by lessor under the following circumstances:

1.      1.          If the Lessee, without what the Committee deems an acceptable excuse, fails to pay the rent on its due date;

2.          If the Lessee in any way sub-lets or assigns the leased premises to third parties without the written consent of the Lessor;

3.          If the Lessee utilizes the leased premises or allows them to be utilized in such a way as to violate the terms and conditions of the lease or in contravention of public order or public decency;

4.          If the competent authority decides to demolish the building, or if the Leased Premises prove liable to collapse  or to endanger the safety of residents;

5.          If the Lessor intends to demolish the building, in the following circumstances:

a)        At least fifteen years have elapsed from the date the building was erected;

b)        The Lessee intends to construct business buildings, provided that the necessary approvals are obtained from the appropriate authorities;

6.          If the Lessor intends to add additional floors to the building or to effect any changes and modifications to it, subject to the following:

a)      The impossibility of adding additional floors or effecting changes and modifications to the building while the Lessee remains in residence in the Leased Premises, and at the discretion of the licensing authorities;

b)      That the Lessor has secured all required licenses from the appropriate authorities;

c)      That the Lessee is granted a period of not less than six months from the date the necessary licenses are obtained to vacate the premises;

d)      That the Lessor shall proceed with the licensed works within six months of the date on which the Leased Premises were vacated;

If the Lessor does not undertake the licensed works, or lets the Leased Premises to another Lessee before undertaking such works, the Lessee may submit a claim for compensation if such is warranted;

7.          If the Leased Premises are situated in the vicinity of the Lessor’s home, and the Lessor intends to use the leased premises for his/her own occupation  or that of his/her spouse, parents, children or any lawful dependents provided that the Lessor shall notify the Lessee at least six months prior to such occupancy.

8.          If the Lessor intends to occupy the Leased Premises himself, or intends his wife, children, parent or lawful dependent to occupy them, and none of the above persons owns a dwelling fit for habitation, provided that the Lessor shall notify the Lessee at least six months prior to such occupancy.

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