My tenant isn't paying the rent and the lease is registered on Ejar. Can I go straight to enforcement?

A common question prepared by our teamRental & Ejar Disputes 2

Translated from Arabic.

I own a flat in Riyadh and have let it under a lease registered on the Ejar platform, with rent paid every six months. The tenant has not paid the latest instalment even though more than two months have passed since it fell due. I have contacted him repeatedly; he makes promises and then doesn't pay. I have heard that an Ejar lease counts as an enforceable instrument and that I don't need to file a lawsuit. Is that true? What steps should I start with? Can I also seek eviction from the flat, or only the overdue rent? And am I allowed to cut off the electricity or change the lock until he pays?

Lawyers' answers (1)

KSA Lawyers editorial team

A general editorial answer prepared by our team

Translated from Arabic.

We at the KSA Lawyers team are pleased to explain the general framework for your situation.

Under the regulatory decisions governing the rental sector, the unified lease contract registered electronically on the Ejar platform is an enforceable instrument in respect of rent that has fallen due and remains unpaid. In practice, this means you usually do not need to file a substantive lawsuit to prove the debt; instead, you can submit an enforcement request directly to the Enforcement Court under the Enforcement Law.

The practical steps, in general:

1. Make sure the instalment is actually due and recorded on the platform, and that its status shows as unpaid. It is advisable not to confirm receipt of any amount you have not received. 2. Log in to the Najiz platform and submit an enforcement request based on an enforceable instrument of the "lease contract" type, attaching the contract details and the amounts claimed. 3. Once the request is registered, the tenant is notified of the enforcement order and given a short statutory period to pay. 4. If he does not pay, the enforcement judge may take statutory measures against him, such as requiring disclosure of his assets and attaching them, a travel ban, and suspension of certain services, as provided by the Enforcement Law.

As for eviction, it can be requested through enforcement in some cases, such as expiry of the lease term or failure to pay rent, where the unified contract provides for this and its conditions are met. In other cases a lawsuit before the competent court may be required, so it is advisable to review the terms of your contract carefully before deciding on the route.

We would caution you that you may not take the law into your own hands, for example by cutting off electricity or water, changing the lock, or removing the tenant's belongings without a judgment or court order, as this may expose you to liability and weaken your position. You can also try to reach an amicable settlement before or during enforcement, and should document any new payment agreement in writing.

The outcome varies depending on the contract details, the status of the payments and any defences the tenant raises, and no particular result can be guaranteed. We therefore recommend consulting a lawyer who specialises in rental disputes to review the contract and documents and determine the most suitable claim for your case.

Answers are general legal information based on what the asker described. They aren't binding legal advice and don't replace a licensed lawyer who has reviewed the documents.