Disputes & Resolution

Rental Claim

Synonyms: Lease Claim، Tenancy Lawsuit، Landlord–Tenant Claim، Rental Lawsuit

Last updated: 2026-09-25

Short Definition

A rental claim is a lawsuit brought by one party to a lease (landlord or tenant) against the other to enforce a right arising from the tenancy, such as unpaid rent, eviction, termination, compensation for damage, or return of the security deposit.

Overview

A rental claim is a lawsuit brought by one party to a lease (landlord or tenant) against the other to enforce a right arising from the tenancy, such as unpaid rent, eviction, termination, compensation for damage, or return of the security deposit. In Saudi Arabia a claim is not filed “in Ejar”, as is often assumed: Ejar is a documentation and payment platform supervised by the Real Estate General Authority (REGA), while lawsuits are registered electronically through the Ministry of Justice’s Najiz platform before the competent court under the Law of Civil Procedure. Saudi practice distinguishes two routes. A unified lease documented on Ejar is an executive instrument under Council of Ministers Resolution No. 292 dated 16/5/1438H, so the creditor can file an execution request directly with the Execution Court for rent that is due or for eviction, without a substantive lawsuit. Substantive disputes — the rent amount, whether a termination was valid, or compensation — go to the General Court. Under the same resolution, a lease not registered on the electronic network is not treated as a valid contract producing administrative and judicial effects. Getting the route right matters. The speed often attributed to rental claims mostly comes from the execution route; a substantive claim follows ordinary procedural timelines (at least eight days’ notice to attend before the General Court and a 30-day window to challenge the judgment). Under the Civil Transactions Law, a claim for rent is not heard against a denying debtor once five years have passed from the due date, and judicial costs, capped at 5% of the claim value, are generally borne by the losing party.

Legal Basis

Law of Civil Procedure, Royal Decree No. M/1 dated 22/1/1435H (filing by statement of claim under Article 41, attendance periods, and challenge routes); Execution Law, Royal Decree No. M/53 dated 13/8/1433H (Article 9 on executive instruments); Council of Ministers Resolution No. 292 dated 16/5/1438H, which made the unified lease documented on the Ejar network an executive instrument and denied effect to unregistered leases; and the Civil Transactions Law, Royal Decree No. M/191 dated 29/11/1444H (lease rules, and the five-year bar on rent claims against a denying debtor in Article 296). A new Execution Law, Royal Decree No. M/237 dated 3/11/1447H, is set to replace the current law 180 days after its publication in the Official Gazette.

Practical Example

Salman leases an apartment in north Riyadh under a unified residential lease documented on Ejar at SAR 48,000 a year, payable in two instalments of SAR 24,000. The tenant misses the second instalment, then moves out leaving damage Salman estimates at SAR 9,500. Instead of one lawsuit for everything, Salman uses two routes. Through Najiz he files an execution request with the Execution Court for SAR 24,000, relying on the unified lease as an executive instrument, because the rent is a fixed amount that is already due. The damage amount is not fixed in the contract and is disputed, so he files a substantive claim before the General Court with photos, the unit condition report and repair quotations. On the execution side the tenant pays after being notified of the execution order; in the substantive claim the court appoints an expert and awards Salman SAR 7,200, treating part of the damage as normal wear and tear.

Common Mistakes

  • ✗Believing claims are filed on Ejar — Ejar is for documentation and payment; lawsuits are registered through Najiz and execution requests on unified leases go to the Execution Court.
  • ✗Filing a substantive lawsuit for a fixed rent amount under a documented unified lease — an execution request can be filed directly; a lawsuit adds needless delay.
  • ✗Relying on an unregistered paper lease — Council of Ministers Resolution No. 292 does not treat it as a contract producing administrative and judicial effects.
  • ✗Drafting a vague statement of claim that mixes unrelated requests or omits the requests and their grounds — Article 41 requires them, and the judge dismisses a claim the claimant cannot articulate.
  • ✗Waiting years to claim unpaid rent — a rent claim is not heard against a denying debtor after five years from the due date (Article 296 of the Civil Transactions Law).

International Differences

In Dubai, rental disputes go to a specialised judicial body, the Rental Disputes Settlement Centre under the Dubai Land Department, whereas in Saudi Arabia they are split between the General Court and the Execution Court. In Turkey, tenancy cases are heard by the civil courts of peace (Sulh Hukuk), and mediation has been mandatory before most rental lawsuits since 1 September 2023. In Egypt, new leases fall under the Civil Code, while a 2025 law phases out old-rent contracts. The distinctive Saudi feature is the executive force of the documented unified lease, which lets fixed entitlements bypass a substantive lawsuit.

FAQs

Where is a rental claim filed in Saudi Arabia?▾
Substantive rental disputes are registered electronically through Najiz before the General Court. Claims for rent that is due or for eviction under a unified lease documented on Ejar are filed as execution requests with the Execution Court.
Do I need a lawsuit to recover unpaid rent under an Ejar-documented lease?▾
Usually not. A documented unified lease is an executive instrument under Council of Ministers Resolution No. 292, so an execution request can be filed directly; a lawsuit before the General Court is needed only if the amount is disputed or not fixed in the contract.
What if the lease was never registered on Ejar?▾
Resolution No. 292 provides that an unregistered lease is not treated as a valid contract producing administrative and judicial effects, and the direct execution route is not available. Documenting the lease before any dispute arises is therefore the norm.
How long does a rental claim take?▾
There is no fixed duration. The execution route on a unified lease is usually faster; a substantive claim follows the Law of Civil Procedure, with at least eight days’ notice to attend before the General Court and a 30-day challenge period after judgment.
Are there court fees for a rental claim?▾
The Law of Judicial Costs imposes costs of up to 5% of the claim value, capped at SAR 1 million. Payment is not a condition for registering the claim, and the losing party generally bears the costs after judgment.

In Other Languages

Arabic
دعوى إيجارية

الدعوى الإيجارية هي الدعوى القضائية التي يرفعها أحد طرفي عقد الإيجار (المؤجر أو المستأجر) على الآخر للمطالبة بحق ناشئ عن العلاقة الإيجارية، كالأجرة المتأخرة أو الإخلاء أو فسخ العقد أو التعويض عن الأضرار أو استرداد مبلغ الضمان.

English
Rental Claim

A rental claim is a lawsuit brought by one party to a lease (landlord or tenant) against the other to enforce a right arising from the tenancy, such as unpaid rent, eviction, termination, compensation for damage, or return of the security deposit.

Turkish
Kira Davası

Kira davası, kira sözleşmesinin taraflarından birinin (kiraya veren veya kiracı) diğerine karşı, kira ilişkisinden doğan bir hakkı — ödenmemiş kira, tahliye, fesih, hasar tazminatı veya güvence bedelinin iadesi gibi — talep etmek için açtığı davadır.

Related Terms

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.

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