The government has called for a rethink on a proposed amendment to the 2014 Rents Law that aims to regulate legal procedures surrounding the return of leased properties and limit automatic lease renewals.
The draft amendment, set to be debated during the Parliament session, specifically targets Article 28 of the current law.
According to the proposal, if a landlord refuses to accept the return of the property, the tenant may:
l Serve notice via registered letter or electronic means.
l Wait 10 days for a response (after which silence is deemed refusal).
l File a court case within a month to deposit the keys at court and clear their obligations.
l Stop being liable for rent from the date of legal deposit of the keys.
It also introduces a modified renewal clause: “If the lease term ends and the tenant continues to occupy the property with the landlord’s knowledge and without objection, the contract shall be deemed automatically renewed for one year - unless the original contract was for a shorter term, in which case it is renewed for an equivalent period.”
The Cabinet, however, contended that the goals of the amendment were already covered under existing laws, particularly the 1971 Civil and Commercial Procedures Law.
“A legislative initiative must introduce something new, not merely reiterate existing laws under different wording or formats,” said the Cabinet.
“The current procedures for discharging tenants’ obligations upon lease termination are comprehensively addressed under Chapter 9 of the Civil and Commercial Procedures Law,” it added.
“Article 311 of that law, for instance, already allows a debtor (or tenant) to offer payment or return the leased item to clear their legal obligations.
“Articles 312 and 313 further detail how such an offer must be made - through registered letters and with precise documentation - while Article 318 allows the tenant to file a legal claim to validate this offer.
“Once the lease period ends, the tenant must return the leased property in the condition it was received. If the landlord refuses to take it back, the law provides the tenant a legal avenue to fulfil their duty without the landlord’s consent,” the Cabinet added.
Another key point raised was that limiting automatic lease renewals to a fixed one-year term contradicted basic principles of contractual freedom.
“Imposing a one-year renewal regardless of the original lease period – even if it was six months – disregards the will of the parties and contradicts established civil law,” the government stated.
The Justice, Islamic Affairs, and Endowments Ministry and the Real Estate Regulatory Authority supported the government’s stance.
Parliament’s public utilities and environment affairs committee chairman MP Mohammed Al Bulooshi, however, defended the amendments.
“Our intention is to provide legal certainty for both parties in a lease agreement - especially tenants who find themselves in a difficult position when landlords refuse to formally take back the property,” he said.
“We understand the government’s concerns, but the reality is that tenants often lack the procedural knowledge or access to legal tools. This law would clarify the steps and responsibilities clearly,” he added.
Mr Al Bulooshi acknowledged the argument about duplicating the existing laws, but maintained that codifying the process directly into a law would offer more accessibility and clarity for citizens and residents.
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