Cases of Repossession of Residential Units Subject to the Old Rent Law According to Article 18 of Law No. 136 of 1981
It is considered that the Old Rent Law is one of the most controversial laws within Egyptian society, as it relates to fundamental rights of both landlords and tenants and has remained in force for decades without a substantive amendment to put an end to this controversy. Despite the widespread belief among many landlords that it is impossible to recover their residential units subject to this law,
By: Counselor Mohamed Abou El-Ezz
Cases of Repossession of Residential Units Subject to the Old Rent Law According to Article 18 of Law No. 136 of 1981
Under Realistic Legal Conditions That Promise the Landlord Guaranteed Rights Under the Law
Introduction
The Old Rent Law is considered one of the most controversial laws within Egyptian society, as it concerns fundamental rights of both landlords and tenants, and has remained in force for decades without substantial amendments to resolve this controversy. Despite the widespread belief among many landlords that it is impossible to recover residential units subject to this law, the legal reality confirms that the law itself, without any amendment, grants landlords clear and specific legal tools to recover their units and evict tenants, once the conditions stipulated in Article 18 of Law No. 136 of 1981 are met.
The importance of this article lies in the fact that it represents a genuine legal gateway of hope for landlords, as it defines precise cases in which the continuation of the lease relationship constitutes a serious breach justifying eviction, provided that legal procedures are followed and the occurrence of such cases is proven before the judiciary.
In this article, we review in detail the six cases explicitly recognized by law for recovering residential units subject to the Old Rent Law, clarifying the required legal conditions and procedures in a practical and realistic manner, away from rumors or incorrect interpretations.
First: Damage to the Leased Property
A Serious Breach That Immediately Terminates the Lease Relationship
Damage to the leased property is considered one of the most serious violations a tenant may commit, and the legislator has given it special attention as it constitutes a direct infringement of another person’s property.
Damage to the leased property occurs when the tenant carries out actions that result in substantial damage or fundamental alteration to the unit, such as:
Demolishing walls or partitions.
Making structural modifications without a permit.
Damaging essential facilities.
Endangering the safety of the building or weakening its structure.
The law classifies this act as a misdemeanor of damaging another’s property, which is punishable under the Penal Code.
Once a final criminal judgment is issued convicting the tenant, the landlord is entitled to:
File an eviction lawsuit.
Immediately recover the residential unit.
Evict the tenant without prior notice or grace period.
⚖️ Important Legal Note:
Eviction in this case can only take place after a final court judgment, which serves as conclusive evidence of the tenant’s breach of legal obligations.
Second: Failure to Pay the Rental Value
The Most Common and Legally Clear Ground
Non-payment of rent is one of the most frequently cited grounds for eviction lawsuits, and the law has regulated it with clear precision.
According to Article 18:
The landlord must formally notify the tenant through an official notice served by a court bailiff.
The tenant is granted a 15-day period to pay the outstanding rent.
What Happens After the Notice?
If the tenant pays within the period → the eviction claim is dismissed.
If the tenant fails to pay → the landlord may file a lawsuit.
The tenant may pay before the court, even at the appeal stage.
But When Is the Contract Finally Terminated?
In cases of repeated failure to pay, even if an excuse exists, the court may:
Rule to terminate the lease contract.
Order eviction of the unit.
Permanently evict the tenant.
⚖️ This is where the landlord’s legal strength lies, as the law does not protect tenants who repeatedly fail to pay rent, regardless of their justifications.
Third: Failure to Pay Rent Accessories
A Legal Obligation Equal in Importance to Rent
The tenant’s obligation is not limited to paying rent alone; the law also requires payment of rent accessories, including:
Doorman fees.
Stairway lighting.
Water bills.
Any shared services stipulated by contract or custom.
The law explicitly states that failure to pay these accessories constitutes a legitimate ground for eviction, once the tenant’s refusal is proven without justification.
The following is required in this case:
Proof of indebtedness.
Issuing a formal notice.
Filing an eviction lawsuit upon non-payment.
⚖️ Many tenants are unaware that these obligations are not optional and that violating them may result in losing the residential unit.
Fourth: Using the Unit for Acts Contrary to Public Morals
Protection of Public Order Before Property Rights
The legislator prioritized protecting society before protecting the lease relationship, stipulating eviction if the unit is used for:
Acts violating public morals.
Illegal activities.
Conduct affecting public order or ethics.
⚠️ But with a fundamental condition:
Eviction does not occur immediately; rather, it requires:
-
Issuance of a court judgment proving the violation.
-
Then filing an eviction lawsuit based on that judgment.
This differs from the New Rent Law, which allows direct eviction in certain cases.
Fifth: Changing the Unit’s Activity Without the Landlord’s Consent
The Contract Is the Law of the Parties
The lease contract determines the nature of the unit’s use:
Residential.
Commercial.
Administrative.
Any change in use without the landlord’s consent constitutes a serious breach of the contract.
Examples include:
Converting a residential unit into a commercial activity.
Using a commercial shop for a different activity than agreed.
In this case:
The landlord must prove the change in activity.
Then file a lawsuit.
Resulting in eviction and removal of the tenant.
Sixth: Assigning the Apartment to a Third Party Without the Landlord’s Consent
Invalidity of the Act and Recovery of the Unit
One of the most serious violations committed by tenants includes:
Assigning the unit to a third party.
Or subleasing it.
Without written consent from the landlord.
The law provides that:
Such an act is deemed invalid.
The landlord has the right to recover the unit.
And evict both the original tenant and the third party.
Provided that:
The act of assignment is proven.
A court judgment ordering eviction is issued.
Legal Conclusion
Despite the legislative rigidity of the Old Rent Law, Article 18 of Law No. 136 of 1981 remains a powerful legal foundation that restores balance between the rights of landlords and tenants.
📌 The law has not closed the door to recovering units
📌 It has instead set clear conditions to protect both parties
📌 Final determination rests with the judiciary based on evidence and proper legal procedures
✨ Al-Ezz Legal Consultations & Law Firm
Counselor / Mohamed Abu El-Ezz
Specialized legal expertise in Old Rent Law cases and recovery of residential units in accordance with the law
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