Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
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Eviction from residential and commercial property

Eviction from residential and commercial property

Eviction arises when the tenant's possession was initially valid under the contract, but after the expiration of the term or the fulfillment of one of the legal reasons,, the continued possession has become unauthorized. This is different from action to recover possession based on established ownership (khalʿ-e yad) which concerns possession without the initial license.

Type of contract, the date of conclusion, whether the lease is formal or ordinary, whether the lease is signed by witnesses, whether the use is residential or commercial, and the applicable law determine whether the eviction order or eviction order is appropriate.

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What is the eviction process for residential and commercial property?

The laws of landlord-tenant relations 1356 and 1376 have different provisions for eviction. In relations subject to the law 1376,, if there are prescribed formal conditions,, an order for immediate eviction can be issued. In other cases,, an eviction lawsuit and a judgment may need to be filed.

Statutory basis: Vacating old commercial property may be accompanied by rights like business and goodwill right under Iranian tenancy law and should not be considered the same as ordinary residential leases.

Eviction order or eviction judgment

An eviction order is a faster route that can only be used if the legal conditions are met. If the conditions are not met or there is a dispute about the essence of the relationship, extension, payments or commercial rights,, judicial review and issuance of a ruling are required.

Eviction from residential and commercial property

Usual stages of review and follow-up

Reviewing the lease agreement

The date, duration, of the signatures and the governing law are determined.

Determining the ground for eviction

Expiration of the term, Non-payment, Contractual breach or other reasons.

Choosing the appropriate course

Eviction order or eviction order lawsuit is selected.

Recovery of the deposit and enforcement

The deposit is discharged according to the law on the determination of obligations and the property through the execution of judgments.

Tenant’s deposit and security

In many cases, the execution of the eviction is related to the refund or deposit of the tenant's deposit. The landlord cannot personally evict the property or remove the tenant's property without following the legal formalities,.

Related topics

Iranian property disputes

Return to the comprehensive property-law services page

action to compel execution of an official title deed

Official transfer of property and removal of registration obstacles

action to recover possession based on established ownership (khalʿ-e yad)

Ending unauthorized possession on the basis of established ownership

sarghofli key money and business goodwill rights in Iran

Evacuation of commercial premises and rights arising from sarghofli, an Iranian commercial-premises financial right.

Real-estate and lease contracts

Review the lease agreement and guarantee the fulfillment of obligations.

  • Landlord and Tenant Relations Act of 1356

  • Landlord and Tenant Relations Act of 1376

  • Iranian Civil Code («قانون مدنی»)

This list, shows the main provisions related to the subject of the page. The governing law and subsequent amendments must be adapted to the time of occurrence, of the subject and the situation of each case.

The official text and latest amendments of the laws are available at National Information Database of Laws and Regulations of the Country is available to view.

Frequently asked questions

claimant must prove its ownership in an acceptable way. In registered properties, official or authentic instrument under Iranian law ownership plays a central role.
action to recover possession based on established ownership (khalʿ-e yad) It is brought against an occupant who is in possession of the property without permission; eviction is usually when the occupation was initially authorized by a contract such as a lease and then continued without permission.
In action to recover possession based on established ownership (khalʿ-e yad), the main focus is on proving ownership; in unlawful dispossession legal,, pre-possession claimant and the right to possess civil defendant and its aggression are important.
Partner seizure in co-owned property has special rules. The possibility of filing a lawsuit and the method of executing the judgment must be examined according to the common share, permission of other partners and the type of seizure.
If the conditions exist, the claim for reasonable compensation for use possession days can be raised together or separately, and usually its assessment requires an expert.
Since the dispute is related to immovable property,, in principle, court the place of occurrence of the property is the competent court; the exact jurisdiction is examined according to the situation and demands of the case.
The end of the lease term, The type and date of the contract, The legal terms of the lease and the existence of a deposit must be examined to determine whether an eviction order can be requested or whether an eviction order lawsuit should be filed.
An eviction order is issued in specific legal circumstances and with a faster process; in other cases, judicial review and issuance of an eviction order may be necessary. The type of contract and the reason for eviction are decisive.

Methods of contact

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