Property disputes
Evicting a tenant: which route, and how fast
Last reviewed: 10 مرداد 1405
A lease ending does not empty the property by itself. The law offers a landlord two different routes — one that resolves in days, one that is a full trial — and which is open to you depends on how your lease was drawn up.
This guide sets out the conditions for the fast route precisely, and explains where the deposit stands in all this.
The eviction order and its conditions
For leases within its scope, the Landlord and Tenant Act of 1376 provides a short route: once the term has ended, the landlord may apply to the dispute-resolution council or the court where the property is situated for an eviction order. It is issued without a hearing and without going into the merits of any dispute.
The key condition is the form of the lease: either a notarised deed, or a private document stating a fixed term and signed at the foot by two witnesses. A missing witness signature is the single most common reason an eviction case falls out of the fast route.
When the fast route is closed
If the lease does not meet those conditions, or there is no written lease at all, or there is a serious dispute on the merits — for instance the tenant claims a renewal or a goodwill right — then the route is an eviction claim with a full trial: a petition, a listed hearing, and judgment.
That is slower, but every argument gets heard. Working out which category your case falls into is worth months, and it has to be done before the petition is filed rather than after it is rejected.
The deposit: possession against repayment
The tenant's deposit is tied to giving up possession. The rule is that eviction and repayment happen together; a landlord cannot have the property back and keep the deposit.
In practice the landlord lodges the deposit with the eviction application so that the order can be executed. If the landlord claims damage or unpaid utility bills, that claim does not block the eviction and must be pursued separately — holding the deposit as leverage tends to generate a fresh dispute of its own.
Goodwill and older leases
Commercial premises carrying goodwill or business rights, and particularly leases governed by the Landlord and Tenant Act of 1356, follow quite different rules. There, eviction is possible only on specific statutory grounds and usually against payment for the goodwill or business right.
So the first question in any commercial eviction is which statute the premises fall under. Getting that wrong produces a petition that was doomed from the moment it was filed.
An eviction case with Dadyar
- 1
Test the lease
Describe your lease and Dadyar will tell you whether the fast route is open.
- 2
Know the court fee
Use Dadyar's court-fee calculator to see the cost of bringing the claim before you start.
- 3
Draft the application
Use Dadyar's templates to produce either an eviction-order application or a full eviction petition.
- 4
Get a lawyer for commercial premises
Goodwill cases are difficult; book a specialist consultation from Dadyar's lawyer network.
Frequently asked questions
My lease has no witnesses. What now?
The fast eviction order is normally closed to you, and the claim has to go through a full trial. Establish this before filing, so no time is lost.
The tenant isn't paying rent — can I evict faster?
Non-payment can ground an eviction, but the route differs from eviction at the end of a term. Recovering the arrears is a separate head of claim and must be stated expressly in the petition.
Can I change the locks or cut the power?
No. Eviction is only lawful through the courts; self-help can amount to a criminal offence and will weaken your position in the case.
Can I keep the deposit against damage?
Holding the deposit as leverage is not accepted; it is returned against possession, and any claim for damage or unpaid bills must be pursued separately.
Related to this guide
This guide is general, statute-grounded legal information — not legal advice for your specific situation. For important decisions, consult a licensed lawyer inside Dadyar.