Article: New Tenant Protection Laws and a Practical Guide to Drafting Lease Agreements in 2024
Introduction
In recent years, due to economic changes and the rising costs of housing, the importance of lease agreements and clarity in the laws governing landlord-tenant relationships has become increasingly evident. The government, through new legislation, aims to protect tenants from unreasonable rent hikes and sudden evictions. In this article by Adl Gostar Yaran Legal Institute, we will review recent changes in rental laws, practical tips for drafting lease agreements, and how to handle related legal disputes.
1. Legal Changes in Lease Agreements
In 2024, several legal reforms have been implemented to support tenants:
Rent Increase Caps: According to new regulations, the maximum allowable rent increase is 25% in major cities and 20% in smaller towns.
Mandatory Lease Extension: If the tenant has not violated the terms of the lease, the landlord is obliged to extend the agreement for another year.
Prohibition of Arbitrary Evictions: Landlords may only request eviction under specific circumstances (eg, selling the property or personal need) and with valid documentation.
2. Tenant Rights Against Eviction
One of the primary concerns for tenants is eviction. The new laws provide the following protections:
Conditions for Immediate Eviction: Landlords may request immediate eviction only if the tenant fails to pay rent or commits a serious violation.
Eviction Timeline: Tenants must be given at least two months to find alternative housing before being required to vacate.
3. Obligations of Landlords and Tenants
Under civil law and the Landlord-Tenant Relations Act, both parties in a lease agreement have specific duties:
Landlord Obligations:
Delivering the property in suitable condition for living or intended use.
Carrying out essential repairs.
Tenant Obligations:
Timely payment of rent.
Using the property for its designated purpose as stated in the agreement.
Maintaining the property in good condition.
4. Practical Tips for Drafting a Lease Agreement
To prevent legal disputes, consider the following when drafting a lease agreement:
Detailed Identification of Parties: Include the full name, national ID number, and address of both the landlord and tenant.
Stating Rent and Payment Method: Clearly specify the rent amount and the payment method (eg, cash or bank transfer).
Enforcement Clauses: Include provisions for penalties for late payment or damages to the property.
Eviction Terms: Clearly define conditions for eviction and lease renewal.
5. Common Legal Challenges in Leasing
Some of the frequent legal issues between landlords and tenants include:
Delayed Rent Payments: In such cases, landlords may file for eviction and recovery of overdue rent.
Failure to Conduct Necessary Repairs: Tenants can legally compel landlords to carry out essential repairs.
Unauthorized Property Use: This could lead to the landlord terminating the lease agreement.
6. How to Protect Your Rights
If you face legal issues, the best course of action is to consult legal advisors or specialized attorneys. The process includes:
Approaching the Dispute Resolution Council: This council handles disputes related to lease agreements.
Providing Sufficient Documentation: Such as the lease agreement, rent payment receipts, and other relevant evidence.
Filing a Lawsuit in Court: If the issue remains unresolved, you can escalate the matter to court.
Conclusion
Awareness of new regulations and adherence to legal considerations when drafting lease agreements can help both landlords and tenants avoid disputes. If disputes arise, understanding your rights ensures confidence in defending your position. Adl Gostar Yaran Legal Institute offers expert legal consultation in lease agreements and related matters. Contact us for more information and professional assistance.
About Adl Gostar Yaran Legal Institute
Adl Gostar Yaran Legal Institute is one of Iran’s leading legal firms, providing advisory and representation services in various fields, including family law, contracts, criminal law, and civil law. With a team of experienced and specialized attorneys, our mission is to resolve legal challenges and protect our clients’ rights. For consultations or filing legal cases, please visit our website or contact us.