Civil Law
Termination of a Lease Contract
This summary explains the causes and forms of lease termination under Islamic jurisprudence and Jordanian law, emphasizing practical consequences, the parties' obligations, and procedural considerations. It highlights expiry by term, implied renewal, and circumstances allowing rescission before the agreed term — e.g. defects, loss of enjoyment, or legal/physical interference.
Leases and use rights
Civil Law
Updated: 2 October 2024
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This summary explains the causes and forms of lease termination under Islamic jurisprudence and Jordanian law, emphasizing practical consequences, the parties' obligations, and procedural considerations. It highlights expiry by term, implied renewal, and circumstances allowing rescission before the agreed term — e.g. defects, loss of enjoyment, or legal/physical interference.
Key points
- Nature of the Lease and the Importance of Term
- Termination in Islamic Jurisprudence: General and Special Causes
- Special Causes for Early Termination and Procedural Limits
Useful for: Useful for initial reading and identifying questions that may need legal review.
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Nature of the Lease and the Importance of Term
The Jordanian legislator defines a lease as granting the lessee a specified enjoyment of the thing for a determined period in return for rent, so the term fixes both the benefit and the parties' obligations. Consequently, the term is a core element: its expiry normally ends the contractual regime unless the parties agree on renewal or the law provides an extension. Practically, this requires the tenant to return the property at term expiry, otherwise the landlord may claim compensation for the period of unlawful retention.
Termination in Islamic Jurisprudence: General and Special Causes
In Islamic jurisprudence, lease is treated as a binding contract that neither party may unilaterally terminate, and jurists accept general grounds for termination such as mutual rescission (iqala) and contract invalidity. They also distinguish special grounds: natural ones (e.g. expiration of the term) and non‑natural ones that end the lease before the term, like destruction of the leased thing or defects depriving the lessee of the agreed benefit. The legal effect is rescission or preservation of the injured party’s remedies, depending on the nature and gravity of the cause.
Special Causes for Early Termination and Procedural Limits
Certain circumstances terminate a lease before the agreed term: a defect materially affecting enjoyment (typically hidden or not discoverable by the tenant and not within customary tolerance), loss of use such as total or significant partial destruction, legal or physical interference depriving the tenant of enjoyment, and public authority actions that substantially reduce use. Procedural safeguards include verifying the tenant did not cause the problem and that the impairment is serious enough to justify rescission. In some cases the tenant may instead demand repair or a rent reduction rather than termination, and courts retain discretion—especially where the danger to health or enjoyment is not manifest.
Termination under Jordanian Law and Practical Effects
Jordanian civil law reiterates that a lease normally terminates at the agreed term (Article 707/1) but also provides for early termination where enjoyment becomes impossible or defects are present (see Articles 658, 686, 696 and other provisions referenced in the source). In practice, expiry requires no eviction notice unless the contract states otherwise, and the tenant must return the property or face liability for compensation reflecting market rent and other damages. The landlord may rescind where the tenant causes destruction or unauthorized alterations; the tenant may seek rescission or damages for defects or partial/total destruction, subject to judicial assessment and statutory evidentiary conditions.
Legal notice
Notice: This content is for general educational purposes and does not substitute for specialized legal advice. The original source is linked on the site page; verify statutory texts, dates and amendments in official sources and consult a licensed Jordanian lawyer before taking any action.
Frequently asked questions
Nature of the Lease and the Importance of Term?
The Jordanian legislator defines a lease as granting the lessee a specified enjoyment of the thing for a determined period in return for rent, so the term fixes both the benefit and the parties' obligations. Consequently, the term is a core element: its expiry normally ends the contractual regime unless the parties agree on renewal or the law provides an extension. Practically, this requires the tenant to return the property at term expiry, otherwise the landlord may claim compensation for the period of unlawful retention.
Termination in Islamic Jurisprudence: General and Special Causes?
In Islamic jurisprudence, lease is treated as a binding contract that neither party may unilaterally terminate, and jurists accept general grounds for termination such as mutual rescission (iqala) and contract invalidity. They also distinguish special grounds: natural ones (e.g. expiration of the term) and non‑natural ones that end the lease before the term, like destruction of the leased thing or defects depriving the lessee of the agreed benefit. The legal effect is rescission or preservation of the injured party’s remedies, depending on the nature and gravity of the cause.
Special Causes for Early Termination and Procedural Limits?
Certain circumstances terminate a lease before the agreed term: a defect materially affecting enjoyment (typically hidden or not discoverable by the tenant and not within customary tolerance), loss of use such as total or significant partial destruction, legal or physical interference depriving the tenant of enjoyment, and public authority actions that substantially reduce use. Procedural safeguards include verifying the tenant did not cause the problem and that the impairment is serious enough to justify rescission. In some cases the tenant may instead demand repair or a rent reduction rather than termination, and courts retain discretion—especially where the danger to health or enjoyment is not manifest.
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