Lease Law
Rules Governing an Action to Rescind a Lease Contract
This summary explains the legal nature of an action to rescind a lease and how it operates to terminate the contract's effects and return the leased property to the lessor. It outlines procedural prerequisites and statutory limits under Jordanian law and provides a brief comparison with an action for eviction.
Leases and use rights
Lease Law
Updated: 2 October 2024
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This summary explains the legal nature of an action to rescind a lease and how it operates to terminate the contract's effects and return the leased property to the lessor. It outlines procedural prerequisites and statutory limits under Jordanian law and provides a brief comparison with an action for eviction.
Key points
- Concept of a Rescission Action and Its Legal Effect
- Procedural Preconditions for Bringing the Action
- Scope of Application and Legal Basis
Useful for: Useful for initial reading and identifying questions that may need legal review.
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Concept of a Rescission Action and Its Legal Effect
An action to rescind a lease is a judicial petition by the lessor seeking termination of a valid lease due to the tenant’s breach of a contractual or civil-law obligation. Its practical effect is to restore the pre-contractual status, commonly culminating in an order to return the leased premises to the lessor free of encumbrances, subject to the general contractual rules unless otherwise provided by law.
Procedural Preconditions for Bringing the Action
As a procedural prerequisite, a judicial warning (enḍār ʿadlī) is generally required to notify the tenant of the breach and allow opportunity to comply, unless the parties have contractually agreed to waive it. The procedure also implicates statutory requirements on contract fees and penalties under Article 9 of Law No. 3 of 1973 on lease contracts, so any applicable fees should be addressed prior to initiating the action.
Scope of Application and Legal Basis
The rescission action is governed primarily by the Civil Code (notably Article 246) and interacts with the Owners and Tenants Law regarding temporal and substantive effects. Generally, the action applies to contracts concluded after 31/8/2000 and to leases not covered by the Owners and Tenants Law when brought during the agreed contractual term; venue lies with the magistrate court in whose jurisdiction the property is located.
Practical Distinction between Rescission and Eviction Actions
The core distinction is that a rescission action may be brought during the lease term upon proof of breach and relies on general contractual remedies, whereas an eviction action is bound by the specific, enumerated grounds in the Owners and Tenants Law and is typically pursued after the contractual term expires. Notice requirements, time limits and eligible plaintiffs differ between the two actions, and tenant-protection provisions in the Owners and Tenants Law restrict the availability of eviction in certain statutorily listed situations.
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This content is for general educational purposes and is based on the original source linked on the publication page; it does not substitute for applicable statutory texts or advice from a licensed attorney. Verify the original laws, amendments and procedural deadlines before taking any legal steps.
Frequently asked questions
Concept of a Rescission Action and Its Legal Effect?
An action to rescind a lease is a judicial petition by the lessor seeking termination of a valid lease due to the tenant’s breach of a contractual or civil-law obligation. Its practical effect is to restore the pre-contractual status, commonly culminating in an order to return the leased premises to the lessor free of encumbrances, subject to the general contractual rules unless otherwise provided by law.
Procedural Preconditions for Bringing the Action?
As a procedural prerequisite, a judicial warning (enḍār ʿadlī) is generally required to notify the tenant of the breach and allow opportunity to comply, unless the parties have contractually agreed to waive it. The procedure also implicates statutory requirements on contract fees and penalties under Article 9 of Law No. 3 of 1973 on lease contracts, so any applicable fees should be addressed prior to initiating the action.
Scope of Application and Legal Basis?
The rescission action is governed primarily by the Civil Code (notably Article 246) and interacts with the Owners and Tenants Law regarding temporal and substantive effects. Generally, the action applies to contracts concluded after 31/8/2000 and to leases not covered by the Owners and Tenants Law when brought during the agreed contractual term; venue lies with the magistrate court in whose jurisdiction the property is located.
Sources and references
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