Violation of Not Paying Rent in Jordan: Legal Steps and Consequences

With the rise in residential investments, one of the most significant issues between landlords and tenants remains the non-payment of rent. This issue has been a concern for many for years, as rent payment is a right of the landlord according to the legal contract between them and the tenant. 

However, in some cases, due to certain circumstances, the tenant may be late in paying the rent due, which can lead to disputes. In this context, Jordanian law specifies a group of procedures that can be followed, along with a set of penalties for non-payment of rent.

Legal Steps in Case of Non-Payment of the Rent

If the rent is not paid, the landlord has the right to take the following actions:

• Issuing a written notice to the tenant demanding payment of the outstanding amounts within a period of no less than 15 days from the date of receipt of the notice.
• If the tenant fails to pay the outstanding amounts, the landlord may file an eviction lawsuit in the competent court.
• The court will review the case, and if it confirms the tenant's delinquency in paying the rent, it will issue an eviction order.
• After the final judgment is issued, it will be enforced by the competent authorities, and the tenant will be required to vacate the premises.

Legal Penalties for Non-payment of Rent

Following legal proceedings, there are several penalties for non-payment of rent, including:

• The tenant loses their right to occupy the property.
• The tenant's assets are seized to guarantee the collection of outstanding rent.
• The tenant is required to pay three months' rent, in addition to the rent for the months during which the lawsuit is pending and the tenant remains in the property without paying the monthly rent.

Landlord's Obligations Towards Tenant

The landlord has some obligations towards the tenant, which are among their legal rights, including:

• The landlord is obligated to maintain the property and keep it in a condition suitable for habitation or the agreed-upon use.
• The landlord must not disturb the tenant or interfere with their use of the property.
• The tenant must be notified of any rent increase well in advance, in accordance with the law.

When Can the Landlord Vacate the Property?

These are some cases where the landlord has the right to ask for the evacuation of the property: 

• If the tenant is late in paying rent.
• If the tenant uses the property for purposes not agreed upon in the contract.
• If the tenant makes modifications to the property without the landlord's permission.
• If the tenant rents the property or part of it to a third party without the landlord's written consent.
• If the landlord causes damage to the property or common areas.
• If the landlord wishes to make modifications to the property.
• If the tenant repeatedly fails to pay rent or violates the terms of the contract three or more times, despite being notified by a notary public, no further notice is required.

What Does the Law Regulate in the Event of a Rent Increase?

Rent increases are not arbitrary; on the contrary, they are regulated by law to protect the rights of both tenants and landlords. Landlords are obligated to notify tenants of any rent increase in advance. Tenants also have the right to object to a rent increase if it is unjustified or exceeds the legally prescribed limit. Maximum rent increase limits are often set by specific legislation or through agreements between landlords and tenants.

How to Solve the Issues Between Landlords and Tenants?

In the event of any disputes between a landlord and tenant, several steps can be taken to resolve these disputes.

• Communicate with the landlord or tenant, as in some cases, disputes can be resolved through direct communication.
• File a complaint with the competent court if an amicable agreement cannot be reached between the parties.
• Complaints are reviewed according to the Jordanian Landlords and Tenants Law, which regulates the relationship between the two parties and defines the duties and rights of each.

The Lawyer’s Role in Tenant Eviction Cases

You can consult a lawyer specializing in rental and eviction cases before filing a complaint with the relevant court. The lawyer's role in these cases includes the following:

• Providing legal advice to the landlord regarding their rights and available legal procedures.
• Preparing the necessary legal notices and pleadings for filing the lawsuit.
• Representing the landlord at all stages of the proceedings to ensure their rights are protected.
• Following up on the enforcement of the judgment to ensure the landlord regains possession of their property.

FAQs

1.What are the penalties for not paying rent?

Penalties include the tenant losing the right to use the property, seizure of their assets to guarantee payment of outstanding dues, and being obligated to pay three months' rent in addition to the months they remained in the property without paying.

2.Can a tenant appeal an eviction lawsuit due to non-payment of rent?

Yes, a tenant can appeal if they have legal grounds, such as a prior agreement with the landlord, failure to receive a formal notice, or a dispute over the rent amount. However, the court remains the body that decides on the validity of these grounds.

3.What happens if a tenant doesn't pay rent in Jordan?

If a tenant doesn't pay rent, the landlord has the right to send a formal notice giving the tenant 15 days to pay. If payment is not received within this period, the landlord can file an eviction lawsuit in court, and the court may issue a ruling to evict the tenant and obligate them to pay the accumulated rent.

4.How can disputes between landlords and tenants regarding rent be avoided? 

By clarifying all the terms in the lease agreement, adhering to payment deadlines, communicating directly when there are any financial problems, and consulting a specialized lawyer before taking any legal action.