Short Definition
Forcing tenant to vacate the property, done only through legal channels for legitimate reasons like non-payment or contract expiry.
Overview
Legal Basis
Eviction is regulated by the Enforcement Law issued by Royal Decree No. (M/53) of 1433 AH, which gives the lessor the right to file a direct enforcement request with a contract documented in Ejar. The Civil Transactions Law also regulates parties' rights upon contract termination. Self-help eviction (without an Execution Court order) is unlawful interference: Article 423 of the Civil Transactions Law requires the lessor to refrain from disturbing the lessee throughout the lease or be liable, and eviction is carried out by an execution officer (Article 72 of the Enforcement Law).
Practical Example
A villa owner leased it to a tenant under an annual contract. The tenant delayed payment for 3 months (total SAR 9,000). The lessor sent an official notice via Ejar, waited two weeks without response. He entered Najiz, attached the documented contract and notice evidence, filed an enforcement request. An enforcement order was issued within days; when the tenant did not pay within five days of service he was deemed a defaulter and his assets were attached (up to one third of his salary) to collect arrears, and the execution officer carried out the eviction on the day after five days from service (Articles 46 and 72 of the Enforcement Law). Had the owner tried to force the tenant out by changing locks or cutting electricity, he would be interfering unlawfully and liable for compensation (Article 423 of the Civil Transactions Law). The legal procedure protected him legally and ensured full recovery of his rights.
Common Mistakes
- ✗Attempting to evict the tenant by cutting electricity or water — unlawful interference with the tenant’s use that makes the lessor liable for compensation (Article 423 of the Civil Transactions Law).
- ✗Changing locks during tenant's absence — trespass on personal property and tenant's right to use the property.
- ✗Removing tenant's belongings without judicial order — may obligate lessor to compensate belongings value + moral damage.
- ✗Starting enforcement without the required notices — ending an automatically renewing lease needs a non-renewal notice at least 60 days before its end, and termination for breach comes after notice to the defaulting party unless the contract expressly waives it (Articles 107 and 108 of the Civil Transactions Law).
- ✗Believing contract end gives immediate eviction right — even with end, eviction requires tenant consent or judicial procedure.
International Differences
In Dubai, eviction disputes go through the Rental Disputes Center. In Turkey, eviction goes through a lawsuit or enforcement proceedings and can take a long time. In the US, eviction is subject to varying state laws. The Saudi advantage: an Ejar-documented lease is an executive instrument, so eviction goes directly to the Execution Court via Najiz and is carried out five days after service of the execution order.
