Disputes & ResolutionEviction Order
Synonyms: Eviction Judgment، Possession Order، Order to Vacate، Eviction Enforcement Order
Last updated: 2026-09-25
Short Definition
An eviction order is a judicial order requiring a tenant or occupant to vacate a property and hand it over to the person entitled, enforced through the Execution Court if the occupant refuses.
Overview
An eviction order is a judicial order requiring a tenant or occupant to vacate a property and hand it over to the person entitled, enforced through the Execution Court if the occupant refuses. In Saudi Arabia a landlord reaches eviction by one of two routes: direct execution where the lease is a unified contract documented on Ejar — an executive instrument under Council of Ministers Resolution No. 292 dated 16/5/1438H — or a substantive lawsuit before the General Court where the lease is undocumented or the ground for eviction is itself disputed, followed by enforcement of the resulting judgment.
On the execution route, the request is filed through Najiz with the Execution Court; the judge issues an order and the tenant is notified, after which a five-day period runs before forced eviction begins, which the judge may extend. Enforcement officers may not break doors or force locks without the execution judge’s permission and a signed record (Article 7 of the Execution Law). An Ejar lease renews automatically unless either party gives notice of non-renewal at least 60 days before it ends, and adding non-standard terms to the unified lease can cost it its executive status. Ejar’s unilateral-termination service also requires an Execution Court decision to be attached.
The concept matters because eviction requires an executive instrument: Article 9 of the Execution Law forbids forced execution without one, so changing locks, cutting utilities or removing furniture without a court order is unlawful and exposes the landlord to liability, while the tenant may bring an urgent claim to stop interference with possession or recover it. If the tenant stays on without right after the lease ends, the landlord is entitled to fair rent plus compensation (Article 435 of the Civil Transactions Law). A new Execution Law (M/237 dated 3/11/1447H) is due to replace the current one 180 days after publication, so its effect on procedure should be checked once in force.
⚖️ Legal Basis
Council of Ministers Resolution No. 292 dated 16/5/1438H, which made the unified lease documented on the Ejar network an executive instrument; the Execution Law, Royal Decree No. M/53 dated 13/8/1433H (Article 7 on the use of force, Article 9 on executive instruments and Article 34 on the execution order and notification); the Law of Civil Procedure (M/1 dated 22/1/1435H) on urgent possession claims (Articles 206 and 209); and the Civil Transactions Law (M/191 dated 29/11/1444H) on fair rent for staying on without right (Article 435). A new Execution Law (M/237 dated 3/11/1447H) is due to take effect 180 days after publication.
💡 Practical Example
Khalid leases an apartment in Dammam under a unified residential lease documented on Ejar at SAR 30,000 a year. He sends a non-renewal notice through Ejar 75 days before the lease ends — more than the 60-day minimum. The lease expires and the tenant does not leave, so Khalid files an eviction execution request through Najiz with the Execution Court based on the unified lease. The order is issued and the tenant notified; the tenant asks for more time for family reasons and the judge extends the period by ten days, after which the tenant hands over the apartment. Since the tenant stayed forty days past the end of the lease, Khalid claims fair rent for that period, estimated on the contract rent at about SAR 3,290. Khalid did not change the locks himself, as that would have exposed him to liability and given the tenant a claim to recover possession.
⚠️ Common Mistakes
- ✗Self-help eviction by changing locks or cutting power and water — forced execution requires an executive instrument and the execution judge.
- ✗Failing to send a non-renewal notice at least 60 days in advance — the lease renews automatically and an expiry-based eviction request is weakened.
- ✗Adding non-standard terms to the unified lease — this can cost it executive status and force a substantive lawsuit.
- ✗Suing for eviction before the General Court on a documented unified lease with no substantive dispute — the execution route is shorter and cheaper.
- ✗Forgetting to claim fair rent for the overstay — the landlord is entitled to it plus compensation under Article 435 of the Civil Transactions Law.
🌍 International Differences
In Dubai, eviction on expiry for specified reasons such as sale or personal use requires twelve months’ written notice through a notary public or registered mail, with disputes heard by the Rental Disputes Settlement Centre. In Turkey, eviction can proceed through enforcement offices on the basis of a written eviction undertaking, and mediation is mandatory before most court eviction suits. In Egypt, a 2025 law ends old-rent contracts after a transition of seven years for residential and five for non-residential units. The Saudi model is faster for documented leases thanks to their executive status and the five-day period.
FAQs
How long does evicting a tenant under an Ejar-documented lease take?▾
Once the execution order is issued and the tenant is notified, a five-day period runs before forced eviction begins, and the execution judge may extend it. The overall time depends on how quickly notice is served and the circumstances of the case.
Can a landlord remove a tenant himself?▾
No. Forced execution requires an executive instrument and the execution judge; changing locks or cutting utilities without a court order is an infringement the tenant can counter with an urgent claim to stop interference with possession or recover it.
When is an eviction lawsuit before the General Court necessary?▾
When the lease is not documented on Ejar or has lost its executive status, or when the ground for eviction is itself disputed on the merits, such as whether a termination was valid or a breach occurred.
Does a lease end automatically when its term expires?▾
Not necessarily. Ejar leases renew automatically unless one party sends a non-renewal notice at least 60 days before the lease ends.
What is the landlord entitled to if the tenant stays after the lease ends?▾
Fair rent for the period of occupation without right, without prejudice to compensation for any further harm, under Article 435 of the Civil Transactions Law.
