The Lessor in the Face of the Tenant in the JordanianlawJournal: Albalqa Journal for Research and Studies (Vol.18, No. 2)
Publication Date: 2015-06-01
Authors : Prof.Ibrahim Harb Mohisin;
Page : 51-85
Keywords : lawsuits of the lessors.;
In the light of the amendments that have been introduced to the law of lessors and tenants, a lot of lawsuits have been filed by lessors against tenents who have breached their contracts. Those lawsuits have requested contract termination and evacuation, or prevention of opposition, or an urgent request of evacuation. Filing any lawsuit requires the existence of certain conditions that vary from one case to another. Lessors choose the conditions that best serve their purpose. To win the case, it is important for lessors to be careful as to the evidence they choose to use in the relevant case. The successive amendments in the law have failed in preventing conflicts and inconsistencies in cases filed by some lessors against some tenanats. The researcher concludes that a lawsuit filed to terminate a contract in accordance with the general laws does not result in any problem in the contractual relations between the lessors and the tenants as is the case in binding contracts between two parties. As for evacuation cases, available even after the cancellation of the right of legal extension, it is better if they are limited to objective requests centered on evacuation as prescribed in Article V of the law of owners and tenants. The researcher sees that there is no need for the provision of Article 21 of the same law where the case of opposition prevention can be replaced provided it is dealt with expeditiously.
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