Amlakire
Legal & Regulatory

Eviction Procedure

Synonyms: Eviction Process، Tenant Removal، Forced Vacancy، Possession Order

Short Definition

Legal steps landlord follows to evict tenant, including notice and then an execution request via Najiz at the Execution Court, and the landlord may not evict by force without an Execution Court order.

Overview

Eviction Procedure in the Saudi system is the formal legal process to remove tenant from property in specific cases (payment delay, contract end, violating use, damaging property), per legal guarantees protecting both parties' rights. Eviction is the last option landlord resorts to after exhausting amicable solution attempts, conducted under strict judicial oversight to ensure justice. Eviction procedure stages in Saudi: (1) Official notice to tenant of eviction reason (delay, contract end, violation) via Ejar. (2) Giving the tenant time to remedy the situation, within the period stated in the notice or the lease. (3) If unresponsive and the lease is a unified lease documented on Ejar, filing an execution request via Najiz directly with the Execution Court, without a lawsuit or hearings, because the lease is an executive instrument. (4) The execution judge issues the execution order and the tenant is served. (5) Eviction is carried out by an execution officer attending the property on the day after five days from service (Article 72 of the Execution Law); the circuit may postpone it when necessary by up to 30 days, and force may be used. (6) Substantive disputes such as damage claims go to the General Court via Najiz, and its judgment is then enforced through the Execution Court. Legitimate eviction reasons: (1) Failure to pay rent when due. (2) Rental contract end and landlord unwillingness to renew, provided the tenant is notified at least 60 days before the end; in Riyadh, for 5 years from 25 September 2025, only for tenant non-payment, structural defects certified by an approved technical report, the landlord’s or a first-degree relative’s own use of a residential property, or other cases set by REGA’s board. (3) Property use for unagreed purpose (residential to commercial). (4) Substantial property damage. (5) Sheltering persons violating law. (6) Subletting without permission. (7) Substantial contract condition violation. Saudi system protects tenants from arbitrary evictions without strong justification, and requires landlord to prove reason before the competent court.

Legal Basis

Eviction procedures are based on the unified lease contract documented on the Ejar platform (an executive instrument), the Enforcement Law issued by Royal Decree No. (M/53) dated 13/8/1433 AH (Articles 9 and 72), and the rules regulating the lessor–lessee relationship issued by Royal Decree No. (M/73) dated 2/4/1447 AH. The Execution Court handles eviction requests based on a documented lease without a lawsuit on the merits, and eviction is carried out on the day after five days from service of the execution order. Enforcement courts execute judgments with security agencies' assistance. Najiz platform provides full electronic portal for filing lawsuits and following up. Bypassing eviction procedures (forceful self-eviction) is unlawful interference that makes the landlord liable (Article 423 of the Civil Transactions Law).

Sources

Practical Example

Owner Nasser owns apartment in Riyadh rented to tenant named Mazen at SAR 36,000 annually. Mazen delayed payment for 4 consecutive months after job loss, refused communication with landlord. Eviction procedure sequence: (1) June 1: Nasser sent first late notice via Ejar. No response. (2) June 15: second notice with escalation warning. (3) July 1: final notice to vacate within 30 days. (4) August 5: Nasser filed an execution request via Najiz with the Execution Court, attaching the unified lease documented on Ejar (an executive instrument), to collect SAR 12,000 arrears and recover the apartment, without a lawsuit or hearings. (5) The execution order was issued and Mazen was served. (6) Mazen did not pay within five days of service, so he was deemed a defaulter: travel ban, asset disclosure and attachment (Article 46). (7) On the day after five days from service, the execution officer attended the apartment and handed it to Nasser (Article 72). (8) No judgment on the merits was needed because the claim was a specified amount recorded in the lease. The procedure took about two and a half months from the first notice, and the judicial costs of the execution request are borne in principle by the debtor; Nasser recovered the property with full documentation of every stage.

Common Mistakes

  • ✗Attempting forceful self-eviction without judicial judgment — unlawful interference that makes the landlord liable for compensation (Article 423 of the Civil Transactions Law).
  • ✗Skipping documented notices before escalating — termination for breach comes after notice to the tenant unless the contract expressly waives it (Articles 107 and 108 of the Civil Transactions Law), and a documented notice is the clearest proof.
  • ✗Filing eviction lawsuit without strong documented reasons — may be rejected, landlord loses fees and time.
  • ✗Assuming forced eviction is immediate — even with a documented lease it is carried out on the day after five days from service of the execution order and the circuit may postpone it by up to 30 days; lawsuits on the merits take longer, so time planning is important.
  • ✗Not treating tenant in good faith in genuine difficult circumstances — may affect the court’s view.

International Differences

Eviction procedures differ between countries. In Dubai, eviction disputes go through the Rental Disputes Center (RDC). In Turkey, eviction goes through a lawsuit (Tahliye Davası) or enforcement proceedings. In Egypt, eviction goes through the courts and can take a long time. In England, the Renters’ Rights Act 2025 abolished Section 21 no-fault evictions from 1 May 2026, so landlords must rely on statutory grounds. In the US, eviction rules vary by state. The Saudi advantage in eviction procedures is speed (with an Ejar-documented lease, eviction is carried out five days after service of the execution order), full electronic integration (Ejar + Najiz + Enforcement), balanced protection (landlord gets his right, tenant gets fair chances), and transparency at every step. These factors made Saudi rental environment stable, encourages real estate investment and protects everyone's rights.

FAQs

How long do eviction procedures usually take?▾
With a unified lease documented on Ejar no lawsuit is needed: an execution request is filed with the Execution Court via Najiz, and eviction is carried out on the day after five days from service of the execution order; the circuit may postpone it when necessary by up to 30 days (Article 72 and its regulations). If a lawsuit on the merits before the General Court is needed, it takes longer depending on the case.
Do I need lawyer in eviction procedures?▾
Not legally mandatory, but highly recommended. Lawyer accelerates procedures, presents documents correctly, raises success chances.
What is the cost of eviction procedures?▾
There are no committee fees. Under the Judicial Costs Law regulations, a direct (non-monetary) execution request such as eviction costs SAR 500, and other execution requests such as collecting arrears cost 2% of the claim (minimum SAR 500, maximum SAR 10,000), borne in principle by the debtor; a lawsuit before the General Court costs up to 5% of the claim. Lawyer fees are optional and vary by agreement.
Can tenant avoid eviction?▾
Yes, by paying arrears + fees within period, or fixing attributed violation. Amicable settlement is encouraged.
What do I do if my request or lawsuit is rejected?▾
A General Court judgment can be appealed within 30 days (10 days in urgent matters) under Article 187 of the Law of Sharia Procedure. Decisions of the execution judge are final; only his judgments in execution disputes can be appealed (Article 6 of the Execution Law).

Related questions

In Other Languages

Arabic
إجراءات الإخلاء

خطوات قانونية يتبعها المالك لإخلاء المستأجر، تشمل الإنذار ثم طلب التنفيذ عبر ناجز لدى محكمة التنفيذ، ولا يجوز للمالك الإخلاء بنفسه دون أمر من محكمة التنفيذ.

English
Eviction Procedure

Legal steps landlord follows to evict tenant, including notice and then an execution request via Najiz at the Execution Court, and the landlord may not evict by force without an Execution Court order.

Turkish
Tahliye Prosedürü

Ev sahibinin kiracıyı tahliye etmek için izlediği yasal adımlar; bildirim ve ardından Najiz üzerinden İcra Mahkemesine icra talebi dahil, ev sahibi İcra Mahkemesi kararı olmadan kendi başına zorla tahliye edemez.

Related Terms

Eviction

Forcing tenant to vacate the property, done only through legal channels for legitimate reasons like non-payment or contract expiry.

Bodies Competent for Rental Disputes

Three bodies handle rental disputes in Saudi Arabia: the enforcement court for a documented contract as an enforcement instrument, the general court for substantive claims, and the Saudi Real Estate Arbitration Center for arbitration and settlement.

← Back to Glossary
Amlakire

About Amlakire

Amlakire is an integrated Saudi real estate management system, supporting agencies and owners in managing rentals, maintenance, and reports with high efficiency, preparing lease data for documentation on the Ejar platform, and compliant with Kingdom regulations.

Learn More→