Property Law/Foreigners Law
Rental Rules for Non-Jordanians of Immovable Property in Jordan
The piece outlines the legal framework regulating non‑Jordanians’ rental of property in Jordan, emphasizing official‑approval requirements and the legal effect of their absence on contract validity. It also addresses limits on foreign tenants’ right to remain in occupation and the reciprocity condition in the Landlords and Tenants Law.
Leases and use rights
Property Law/Foreigners Law
Updated: 21 December 2022
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The piece outlines the legal framework regulating non‑Jordanians’ rental of property in Jordan, emphasizing official‑approval requirements and the legal effect of their absence on contract validity. It also addresses limits on foreign tenants’ right to remain in occupation and the reciprocity condition in the Landlords and Tenants Law.
Key points
- Legal Framework and Required Approvals
- Effect of Missing Prior Approval for Leases Over Three Years
- Continuation of Occupation and Reciprocity (Article 8)
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Legal Framework and Required Approvals
The Law on Renting and Selling Immovable Property by Foreigners (Law No.40/1953) governs non‑Jordanian leases of immovable property and restricts leases whose term or aggregate terms exceed three years, which generally require administrative authorization (as reflected in Article 2). The source also refers to ministerial approvals and registration instructions issued by competent ministries, but it cites different ministries in places (Foreign Affairs vs. Interior); therefore, practitioners should verify the exact competent authority and any implementing regulations in the official texts.
Effect of Missing Prior Approval for Leases Over Three Years
Where a lease exceeds three years without prior authorization from the Council of Ministers or the competent authority under the relevant law, the contract is treated as void ab initio and lacks legal effect, according to the law and case law cited in the source. The source also records judicial positions that a subsequent Council approval can remove the voidness if granted before a final judicial annulment, while other rulings limit such retroactive cure to contracts predating certain legislative amendments; accordingly, one must check the contract date, any amendments, and the timing of approvals.
Continuation of Occupation and Reciprocity (Article 8)
The Landlords and Tenants Law (No.29/1982) limits a foreign tenant’s right to remain in occupation after lease expiry: certain continuation protections do not apply to nationals of other states unless those states’ laws afford Jordanians the same treatment. The tenant bears the burden of proving reciprocity, and absence of prior Council approval does not automatically create a right to continue occupation without satisfying this requirement.
Practical and Procedural Implications for Occupiers, Owners and Courts
In practice, lack of required approvals exposes tenants to eviction claims by owners on the ground that the tenant’s title to occupation is not founded on a valid legal basis if the lease extended beyond permitted terms without authorization. Owners and occupiers should verify the contract date and duration, any approvals granted before or after litigation, and registration or administrative records under relevant ministerial instructions. Courts may exclude certain evidence if deemed unproductive, and parties must consider prior judicial rulings and limitations on applying amended or later statutory provisions.
Legal notice
Warning: This summary is for general educational purposes and does not substitute consulting the official texts or verifying applicable laws, regulations and amendments. The original source is linked on the page. For advice tailored to a specific case, consult a licensed Jordanian lawyer and check the current statutory texts.
Frequently asked questions
Legal Framework and Required Approvals?
The Law on Renting and Selling Immovable Property by Foreigners (Law No.40/1953) governs non‑Jordanian leases of immovable property and restricts leases whose term or aggregate terms exceed three years, which generally require administrative authorization (as reflected in Article 2). The source also refers to ministerial approvals and registration instructions issued by competent ministries, but it cites different ministries in places (Foreign Affairs vs. Interior); therefore, practitioners should verify the exact competent authority and any implementing regulations in the official texts.
Effect of Missing Prior Approval for Leases Over Three Years?
Where a lease exceeds three years without prior authorization from the Council of Ministers or the competent authority under the relevant law, the contract is treated as void ab initio and lacks legal effect, according to the law and case law cited in the source. The source also records judicial positions that a subsequent Council approval can remove the voidness if granted before a final judicial annulment, while other rulings limit such retroactive cure to contracts predating certain legislative amendments; accordingly, one must check the contract date, any amendments, and the timing of approvals.
Continuation of Occupation and Reciprocity (Article 8)?
The Landlords and Tenants Law (No.29/1982) limits a foreign tenant’s right to remain in occupation after lease expiry: certain continuation protections do not apply to nationals of other states unless those states’ laws afford Jordanians the same treatment. The tenant bears the burden of proving reciprocity, and absence of prior Council approval does not automatically create a right to continue occupation without satisfying this requirement.
Sources and references
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