Short Definition
The party who rents the property from the owner for paid rent, known as the second party, with rights and obligations under rental law.
Overview
The lessee under Saudi law is the second party in the rental contract — a natural or juridical person who obtains the right to use a property owned by another party in exchange for a defined rent over an agreed period. The lessee does not acquire ownership of the property, but rather the right to use it within the limits of the agreement.
The Civil Transactions Law and the Ejar unified lease grant the lessee essential rights: receiving the property in fit condition, quiet enjoyment without lessor interference, continuation of the contract under the same terms until the period ends, recovery of the deposit upon vacating in sound condition, and the right to demand major repairs.
In return, the lessee is obligated to: pay rent on time (late payment has direct enforcement consequences), use the property only for the agreed purpose (not converting residential to commercial), maintain the property and return it upon vacating in a condition similar to what was received, not subletting without lessor consent, and notify the lessor of major defects as soon as they occur.
⚖️ Legal Basis
The lessee's rights and obligations are defined by the Civil Transactions Law issued by Royal Decree No. (M/191) of 1444 AH. To resolve disputes, the lessee sues at the General Court via the Najiz platform, files an execution request at the Execution Court if holding an executive instrument, or goes to the Saudi Real Estate Arbitration Center if both parties agree; violations of the statutory rules REGA oversees can be reported through the Reports service on its website.
💡 Practical Example
A female employee in Riyadh rented an apartment for SAR 28,000 annually via Ejar. Upon receipt, she fully photographed the apartment and sent the photos to the lessor via documented email. During the third month, the central AC malfunctioned. She notified the lessor of the fault, and when 5 working days passed without a repair, she applied to Ejar with a technical report from an accredited valuer and had the fault fixed for SAR 1,500 at the lessor’s expense, under clause 6/2 of the unified residential lease template. At year end, upon vacating, she recovered her full deposit (SAR 3,000) because the initial photos proved that any minor damage existed before her receipt.
⚠️ Common Mistakes
- ✗Receiving the property without documenting its condition with photos and video — makes any subsequent dispute over damage favor the lessor.
- ✗Delaying rent payment on the pretext of defects — the correct action: pay on time then demand repair, because delay triggers direct enforcement.
- ✗Making structural modifications (demolishing a wall, installing heavy AC) without written lessor consent — considered damage and deducted from deposit or claimed judicially.
- ✗Subletting (renting to a third party) without lessor consent — a clear violation requiring contract termination.
- ✗Vacating before the period ends without an agreed termination — moving out does not end the lease, and the lessee may still be claimed for the remaining rent.
🌍 International Differences
In the UAE, the lessee is called 'Tenant' with similar rights, but different rules apply to annual rent increases (regulated by Dubai Land Department). In Turkey, tenant protection is stronger — eviction is difficult even at contract end without cause, and annual increases are capped to inflation index. In Egypt, the tenant under 'Old Rent' is unprecedentedly protected (can inherit the contract). The Saudi advantage: clear balance between both parties' rights without bias, with fast dispute procedures.
FAQs
What if the lessor refuses to fix a major defect?▾
Send an official written notice (preferably via Ejar). If the lessor does not repair it, Article 419 of the Civil Transactions Law lets you obtain the court's permission to carry out the repair and recover the cost from him; urgent or minor repairs you may carry out without permission and deduct their customary cost from the rent, accounting to the lessor, unless the parties agreed otherwise.
Can I vacate before the contract ends for emergencies?▾
First check what you agreed. Article 442 of the Civil Transactions Law lets either party ask for termination when an urgent excuse relating to them arises, compensating the other party for the resulting harm. The simplest route is a mutual termination on Ejar: one of you files the request and the other approves it, with no fee.
How do I protect my deposit from non-return?▾
Document the property's condition upon receipt with photos and email them to the lessor, keep them throughout the contract term, and upon vacating photograph the property again. This documentation is your evidence in any dispute.
Is the lessor obligated to inform me before selling the property?▾
Article 428 of the Civil Transactions Law does not require prior notice, but it protects you: a sale of the leased property is valid and does not affect the tenant’s rights, so your lease continues on its terms and the new owner cannot evict you before it ends. Leases move to the new owner through Ejar’s Change of Lessor service.
What if the lessor cuts electricity or water as payment pressure?▾
The lessor may not do this: Ejar has stated that a lessor may not cut electricity, water or gas to a tenant over arrears, and the Civil Transactions Law requires the lessor not to interfere with the tenant's use (Article 423). You can seek termination or a rent reduction, plus compensation, through a claim at the General Court via Najiz.
