The Egyptian Eviction Process: Law 4 of 1996 and Judicial Procedures

Effective as of 31 January 1996, evicting a tenant in Egypt has historically been a landlord's greatest challenge, often involving lengthy civil court proceedings. The eviction process is governed primarily by Law No. 4 of 1996 (which made the Civil Code applicable to new leases), Law No. 137 of 2006 (regarding executive titles), and Law No. 165 of 2025 (regarding expedited evictions), supplemented by general civil procedural rules.

Eviction Under the "New Rent" System (Fixed-Term)

For modern contracts signed under Law No. 4 of 1996, the lease is a fixed-term agreement (e.g., 1 or 2 years).

1. End of Contract Strategy

Under Article 563 of the Egyptian Civil Code, notice requirements for terminating a lease depend on the rent payment frequency:

• Rent paid every 4 months or more: Notice must be served 2 months prior to the end of the period.
• Rent paid more frequently (e.g., monthly): Notice must be served before the start of the last half of the period (e.g., 15 days for monthly rent).

While a fixed-term contract technically terminates on its end date, issuing a formal warning via a court bailiff (Inthar) according to these statutory timelines is required to prevent the lease from becoming indefinite or to establish the legal basis for recovery.

2. At-Fault Eviction (During the Lease)

If the tenant breaches the contract during the term (non-payment of rent, damaging the property, or subletting without permission), the landlord must:

1. Send an official legal warning (Inthar) via the court bailiff demanding payment/rectification within a strict timeframe (usually 15 days).
2. If the tenant fails to comply, file an eviction lawsuit in the Summary Court (Mahkamah al-Guz'iyya) of the district where the property is located.

The Historical Challenge: In the past, defending an at-fault eviction in the general civil courts could take anywhere from 1 to 3 years due to bureaucratic delays and tenant appeals.

Expedited Eviction via the Judge of Interim Matters (Law No. 165 of 2025)

Law No. 165 of 2025 significantly expedited the recovery process for landlords. This law allows landlords to apply directly to the Judge of Interim Matters (also known as the Judge of Urgent Matters) for an immediate eviction order if a tenant fails to vacate upon the expiry of a fixed-term contract. This procedure bypasses lengthy substantive civil litigation, providing a faster route to obtaining an enforceable order.

The Notarized Lease and Executive Formula (Sighet Tanfeezia)

To strengthen enforceability, Law No. 137 of 2006 allows Egyptian landlords to obtain an executive formula (Sighet Tanfeezia) for their lease.

Crucially, the lease must be authenticated (Tawtheeq) at the local Real Estate Registration Authority (Shahr Al Akari) in the presence of both the landlord and the tenant at the time of signing. Only authenticated contracts serve as an "Executive Deed." If a tenant defaults on rent or overstays the contractual end date under a lease bearing this executive formula, the landlord may apply directly to the execution authorities to enforce the lease terms without initiating a separate civil lawsuit.

Evicting "Old Rent" Tenants (Pre-1996 Contracts)

For decades, removing a pre-1996 "Old Rent" tenant was legally impossible unless the building was collapsing or specific statutory grounds were met.

However, Law No. 164 of 2025 established a mandatory reform for residential leases governed by the "Old Rent" system (Laws 49/1977 and 136/1981). This law introduced a 7-year transitional period starting August 5, 2025. All such contracts will automatically terminate on August 4, 2032. During this transitional period, rents are subject to an initial multiplier (up to 20x the current value) followed by a 15% annual increase.

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