Disputes & ResolutionBreach Notice
Synonyms: Notice of Default، Formal Notice، Notice to Remedy، Default Notice
Last updated: 2026-09-25
Short Definition
A breach notice is a written notice from one contracting party to the other that identifies the obligation breached, demands that it be cured within a set period, and states the consequences of failing to do so, such as termination or a claim for compensation.
Overview
A breach notice is a written notice from one contracting party to the other that identifies the obligation breached, demands that it be cured within a set period, and states the consequences of failing to do so, such as termination or a claim for compensation. The Civil Transactions Law calls it i‘dhar (formal notice), and in many cases it is a legal precondition for those consequences rather than a mere precaution.
Under the law, where one party to a bilateral contract fails to perform, the other may — after formal notice — seek performance or termination with compensation, and the court may refuse termination if the unperformed part is minor (Article 107). An agreement allowing termination without a court judgment does not dispense with notice unless the parties expressly waived it (Article 108), and compensation is due only after notice unless agreed or provided otherwise (Article 175). Notice may be given by any agreed means or any legally recognised means of notification, including filing a lawsuit (Article 177). Under the unified residential lease template, notices are sent through the Ejar platform; the harmed party’s right to seek judicial termination is linked to the breach not being cured within thirty days of notice, and the tenant has a payment grace period after each instalment falls due — fifteen days where the payment cycle is under 180 days, and thirty days where it is 180 days or more.
A breach notice preserves rights, dates the breach and opens the door to settlement before litigation. It differs from a non-renewal notice, sent at least 60 days before the lease ends, and from a rent-adjustment request made through Ejar at least 90 days before expiry. Tenants benefit too: if the landlord, after notice, delays necessary repairs, the tenant may carry them out with the court’s permission — or without it if they are urgent or minor by custom — deducting the customary cost from the rent and accounting for it (Article 419).
⚖️ Legal Basis
Civil Transactions Law, Royal Decree No. M/191 dated 29/11/1444H: Articles 107–108 (termination after notice and agreed termination clauses), Articles 175–177 (the notice requirement, exceptions and means) and Article 419 (landlord repairs and the tenant’s rights after notice). The unified residential lease template on the Ejar platform supervised by REGA, and Council of Ministers Resolution No. 292 dated 16/5/1438H on mandatory registration of leases on the electronic network.
💡 Practical Example
In July the central air-conditioning fails in an apartment Fahd rents in Riyadh for SAR 50,000 a year, paid in four instalments of SAR 12,500. Fahd sends the landlord a documented notice asking for the repair within seven days, with photos and a technician’s report attached. The landlord does not respond; because the repair is urgent in the summer heat, Fahd has it done for SAR 2,800 against an official invoice. When the next instalment falls due he pays SAR 9,700 instead of SAR 12,500 and sends the landlord an itemised account with the invoice, relying on Article 419 of the Civil Transactions Law. Without the prior documented notice, deducting the cost from the rent would have been open to dispute.
⚠️ Common Mistakes
- ✗Going straight to court or termination without notice — this can weaken a termination or compensation claim because the law requires notice in principle.
- ✗Giving notice in a way that cannot be proven, such as a phone call — use the Ejar platform or an agreed documented channel.
- ✗Sending a vague notice that does not specify the obligation breached, the cure period or the consequence — it loses its evidentiary value.
- ✗Confusing a breach notice with a non-renewal notice — the first addresses an existing violation; the second is sent at least 60 days before expiry to prevent automatic renewal.
- ✗Assuming an automatic termination clause makes notice unnecessary — only an express waiver of notice dispenses with it (Article 108).
🌍 International Differences
Many systems require notice before termination. In Turkey, for unpaid residential rent the landlord must send a written notice giving at least thirty days to pay and warning of termination, commonly served through a notary. In Egypt, formal notice served by a court bailiff is common. In Dubai, important notices are served through a notary public or registered mail. The Saudi model stands out because notices between parties to a unified lease run digitally through Ejar, giving automatic, time-stamped proof of notice.
FAQs
Must the breaching party be notified before termination or compensation is sought?▾
In principle, yes. The Civil Transactions Law requires formal notice before seeking termination for breach and before compensation becomes due, unless the parties expressly waived it or an exception applies, such as the debtor stating in writing that he will not perform.
What is the proper way to send a breach notice?▾
Any means agreed in the contract or legally recognised for notification. Under the unified residential lease, notices go through the Ejar platform, and filing a lawsuit itself counts as notice under Article 177 of the Civil Transactions Law.
How long a cure period does a breach notice give?▾
The unified residential lease template links judicial termination to the breach not being cured within thirty days of notice through Ejar. In other cases, a reasonable period suited to the obligation should be set.
What grace period does the unified lease give for rent payments?▾
Fifteen days from the due date where the payment cycle is under 180 days, and thirty days where it is 180 days or more, unless the parties agree a different period through Ejar.
Can a tenant send a breach notice to the landlord?▾
Yes. If the landlord, after notice, delays necessary repairs, the tenant may seek termination or a rent reduction, or carry out the repair with the court’s permission — or without it for urgent or minor repairs — deducting the customary cost from the rent (Article 419).
