Translated from Arabic.
A paper contract not registered on the Ejar platform does not lose its value as an agreement between its parties, but it differs from a registered contract in terms of enforceability. A contract registered electronically on Ejar is an enforceable instrument that can be taken directly to the Enforcement Court under the Enforcement Law without the need for a substantive claim, whereas a paper contract is not treated as an enforceable instrument; it is used instead as evidence of the tenancy and its terms before the court.
The tenant's claim that the contract is worthless is therefore inaccurate. It can be relied on as evidence under the Law of Evidence, particularly if it is signed by both parties and the tenant does not deny his signature. The previous bank transfers and the messages in which he admits the delay are also important supporting evidence, as a written admission carries considerable weight, although the assessment of evidence remains with the court.
As for the substantive obligations, the lease provisions of the Civil Transactions Law require the tenant to pay rent on time, and the landlord may claim it, along with the consequences of the breach as determined by the court.
Suggested practical steps:
1. Gather the original contract and copies of it, the bank transfer statements and the screenshots of the conversations, keeping the original copies on your device.
2. Send the tenant a clear written demand for the overdue amount with a reasonable deadline for payment, and keep proof that you sent it.
3. You can offer to register the contract on Ejar if the tenant agrees, so that it becomes an enforceable instrument going forward, bearing in mind that this requires the agreement of both parties.
4. You can try settlement through the Wudi platform if both parties wish, as a documented settlement agreement is enforceable.
5. If that is not possible, file a claim for the rent through Najiz before the competent court, attaching the contract and the evidence. Once a final judgment is issued, it can be enforced through the Enforcement Court.
Note that the length and outcome of the litigation depend on the tenant's position and the strength of the documents, and the outcome cannot be predicted with certainty in advance. The KSA Lawyers team advises consulting a lawyer specialising in rental disputes to review the contract and evidence and to draft the claim correctly.