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

Eviction from residential and commercial property

Tenant eviction concerns possession initially authorised by a valid contract that becomes unauthorised after the term ends or another statutory ground arises. It differs from an ownership-based recovery claim (khalʿ-e yad), which addresses possession without initial authority.

The contract type and date, whether the lease is an official or private instrument, witness signatures, residential or commercial use, and governing law determine whether an expedited eviction order or an eviction judgment is the appropriate route.

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What is the eviction process for residential and commercial property?

The Landlord and Tenant Relations Acts of 1356 and 1376 SH have different eviction rules. Under the 1376 SH Act, an expedited eviction order may be available if the prescribed formal requirements are met. Otherwise, eviction proceedings and a court judgment may be required.

Statutory basis: Eviction from older commercial premises may involve rights such as statutory commercial-tenancy goodwill rights and should not be treated like an ordinary residential lease.

Eviction order or eviction judgment

An expedited eviction order is a faster route available only where statutory requirements are met. Otherwise, or if the underlying tenancy, renewal, payments or commercial-tenancy rights are disputed, court proceedings and a judgment may be needed.

Eviction from residential and commercial property

Usual stages of review and follow-up

Reviewing the lease agreement

The contract date, duration, signatures and governing law are identified.

Determining the ground for eviction

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

Choosing the appropriate course

The appropriate route is selected: an expedited eviction order or a claim for an eviction judgment.

Recovery of the deposit and enforcement

The deposit is dealt with as required by law, and eviction is carried out through the judgment-enforcement process.

Tenant’s deposit and security

Enforcement of eviction often depends on returning the tenant’s deposit or lodging it with the relevant authority. A landlord cannot evict the occupier or remove the tenant’s belongings without following the statutory procedure.

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 and commercial-tenancy goodwill rights

Eviction from commercial premises and rights arising from sarghofli.

Real-estate and lease contracts

Review of the lease agreement and remedies for breach of its obligations.

  • Landlord and Tenant Relations Act of 1356 SH

  • Landlord and Tenant Relations Act of 1376 SH

  • Iranian Civil Code («قانون مدنی»)

This list identifies the principal legal provisions relevant to the page. The applicable law and amendments must be checked against the dates, subject matter and circumstances of each case.

The official texts and latest amendments are available in the National Database of Iranian Laws and Regulations.

Frequently asked questions

The claimant must prove ownership in an admissible manner. For registered property, the official title deed plays a central role.
An ownership-based recovery claim (khalʿ-e yad) is brought against a person possessing property without authority. Tenant eviction usually concerns possession initially authorised by a contract, such as a lease, which later continues without authority.
In an ownership-based action to recover property, proof of ownership is central. In a civil unlawful-dispossession claim, the claimant’s prior possession, the defendant’s later possession, and the unlawful nature of that later possession are material.
A co-owner’s possession of jointly owned property is subject to special rules. The possibility of bringing an action and the manner of enforcing the judgment must be examined in light of the undivided share, the other co-owners’ consent, and the nature of the possession.
Where the requirements are met, compensation for the period of occupation may be claimed with the possession claim or separately. Assessment of that compensation usually requires an expert opinion.
Because the dispute concerns immovable property, jurisdiction generally lies with the court where the property is located. The precise position depends on the circumstances and relief sought.
The end of the lease term, contract type and date, statutory tenancy requirements and any deposit must be reviewed to determine whether an expedited eviction order can be requested or an action for an eviction judgment is needed.
An expedited eviction order is available under specified statutory conditions and follows a faster process. In other cases, court proceedings and an eviction judgment may be needed. The contract type and ground for eviction are decisive.

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