Judicial principles and studies
Owners and Tenants Law: Scope of Subject-Matter Jurisdiction in Tenancy Disputes
The study summarizes how Article 13(j) of the Owners and Tenants Law affects which court hears tenancy-related disputes, aiming to avoid fragmenting claims arising from a lease.
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Judicial principles and studies
Updated: 10 September 2026
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The study summarizes how Article 13(j) of the Owners and Tenants Law affects which court hears tenancy-related disputes, aiming to avoid fragmenting claims arising from a lease.
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Subject
The study addresses which court should hear disputes related to leased property following the amendment introducing Article 13(j) to the Owners and Tenants Law (Law No. 17/2009). The amendment provides that the court hearing an eviction suit, a suit to prevent opposition, or any suit related to the leased property is also competent to rule on due rent, the compensation mentioned in subsection (b), and any other tenancy-related claims together with that suit. The provision was intended to avoid splitting lease-related claims between different courts.
Summary
Under the provision, the subject-matter jurisdiction of the magistrate (court of first instance of limited jurisdiction) over lease-termination, eviction, and rent claims extends to all claims related to the leased property when one of those core claims is present, regardless of their monetary value. Examples include claims for equivalent rent, utility bills, repairs, the local tax (known as "tax of knowledge"), loss or damage arising from the tenancy, and other financial claims tied to the leased property. Conversely, where such financial claims are brought alone (e.g., for repairs, utilities, or the local tax), they remain subject to value-based jurisdiction: the magistrate judge presides if the claim does not exceed ten thousand dinars, otherwise the case is referred to the competent first-instance court by value. Although the first-instance court has general jurisdiction, that jurisdiction does not extend to matters falling within the magistrate's special subject-matter jurisdiction; adjudication by the wrong court results in nullity.
Practical significance
Practitioners and litigants must analyze the plaintiff's stated claims to determine the proper forum: if monetary claims are coupled with an eviction, termination or rent claim, the magistrate court will have competence over all tenancy-related claims irrespective of amount; isolated monetary claims remain governed by the monetary threshold. This is a general educational summary, not a court text or legal advice, and does not represent any judicial body or law office.
Frequently asked questions
Subject?
The study addresses which court should hear disputes related to leased property following the amendment introducing Article 13(j) to the Owners and Tenants Law (Law No. 17/2009). The amendment provides that the court hearing an eviction suit, a suit to prevent opposition, or any suit related to the leased property is also competent to rule on due rent, the compensation mentioned in subsection (b), and any other tenancy-related claims together with that suit. The provision was intended to avoid splitting lease-related claims between different courts.
Summary?
Under the provision, the subject-matter jurisdiction of the magistrate (court of first instance of limited jurisdiction) over lease-termination, eviction, and rent claims extends to all claims related to the leased property when one of those core claims is present, regardless of their monetary value. Examples include claims for equivalent rent, utility bills, repairs, the local tax (known as "tax of knowledge"), loss or damage arising from the tenancy, and other financial claims tied to the leased property. Conversely, where such financial claims are brought alone (e.g., for repairs, utilities, or the local tax), they remain subject to value-based jurisdiction: the magistrate judge presides if the claim does not exceed ten thousand dinars, otherwise the case is referred to the competent first-instance court by value. Although the first-instance court has general jurisdiction, that jurisdiction does not extend to matters falling within the magistrate's special subject-matter jurisdiction; adjudication by the wrong court results in nullity.
Practical significance?
Practitioners and litigants must analyze the plaintiff's stated claims to determine the proper forum: if monetary claims are coupled with an eviction, termination or rent claim, the magistrate court will have competence over all tenancy-related claims irrespective of amount; isolated monetary claims remain governed by the monetary threshold. This is a general educational summary, not a court text or legal advice, and does not represent any judicial body or law office.
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