Eviction Process in Kuwait: The Legal Framework for Landlords

In Kuwait, residential evictions are strictly governed by Decree Law No. 35 of 1978 (effective 18 August 1978), which provides robust protection for tenants through "statutory extension." A landlord cannot evict a tenant simply due to lease expiry as long as the tenant fulfills their legal obligations. However, Article 20 outlines the exclusive grounds for eviction, a framework recently updated by Decree Law No. 95 of 2024 to allow for direct enforcement of specific lease terms.

Legal DisclaimerThis guide provides general legal information. Lease laws can change. Always consult a licensed notary or lawyer in this region.

Exclusive Legal Grounds for Eviction

A landlord may file an eviction lawsuit before the Rental Department (Rental Court) only under one of the following conditions defined in Article 20:

1. Eviction for Non-Payment (The 20-Day Rule)

If the tenant fails to pay the due rent within twenty (20) days from the due date specified in the lease, the landlord can initiate eviction proceedings.

• No Pre-Filing Notice: There is no statutory requirement for a 15-day notice prior to filing the lawsuit; the 20-day delinquency itself establishes the legal grounds for the case.
• The Grace Option: If it is the first time, the tenant can avoid eviction by paying all arrears plus legal costs before the closing of the first hearing.
• Repeat Delinquency: Under Law 35/1978, if the tenant repeats the non-payment violation in a subsequent case, the court will issue a final eviction order regardless of payment during the hearing.

2. Enforceable Contracts (Law 95/2024 Update)

Under the 2024 amendment (Article 11 bis), a written, notarized lease contract authenticated with an "enforceable formula" (Sanad Tanfidhi) allows the landlord to bypass the Rental Court and go directly to the Execution Department ONLY for:

• Vacating the property upon the expiry of the lease term.
• Collecting specified unpaid rent (debt collection).

This procedure requires a formal notification to the tenant to pay or vacate within a period of at least one week (7 days). It does NOT apply to evictions for non-payment or other breaches occurring during the lease term, which still require a Rental Court judgment.

3. Unauthorized Subletting

If the tenant sublets the unit or assigns the lease to a third party without the explicit written consent of the landlord, as per Article 20, Clause 2.

4. Illegal or Harmful Use

If the property is used for purposes contrary to public order or morals, or for activities that cause structural damage to the building (Article 20, Clause 3).

5. Landlord's Personal Need

The landlord can demand eviction if they intend to occupy the unit themselves or house a first-degree relative. This requires a formal notice of at least six (6) months (Article 21).

6. Demolition and Reconstruction

If the building is at least 25 years old and the landlord obtains demolition permits to rebuild higher-density units. This also requires a six-month notice period (Article 21).

The Eviction Procedure

The rental dispute process is handled by the Rental Circuit (Dawa'ir al-Ijarat) at the Plenary Court:

1. Filing the Lawsuit: For non-payment breaches during the term, file the case once the 20-day delinquency period has passed.
2. Executive Formula Notice: For expired leases or rent collection, send a formal notice via the court bailiff demanding compliance within 7 days.
3. Appeals: Following Law 95/2024, appeals against judgments issued by the Rental Department are now heard by the Court of First Instance in its appellate capacity to ensure faster resolution.
4. Execution: The Rental Execution Department handles the physical removal of the tenant once a judgment or executive instrument is finalized.

Avoiding wasted time and expensive paper notices is . Landager provides landlords with automated tenant reminders before and after the 20-day period, creating a solid digital log of payment histories and behaviors that serve as excellent legal evidence before Kuwaiti courts.

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