Required Disclosures in Kuwait: What Landlords Must Reveal

In Kuwait, the landlord-tenant relationship operates under the primary governance of the Rental Law (Decree Law No. 35 of 1978), issued 30 September 1978 and published 1 October 1978, as amended by Decree Law No. 95 of 2024, and the Kuwaiti Civil Code (Decree Law No. 67 of 1980). These laws bind parties to the principle of "good faith." While Kuwait does not require a specific disclosure form, landlords are legally obligated to be transparent regarding property defects or constraints that affect the tenant's enjoyment of the premises.

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

Required Disclosures to Prevent Lease Annulment (Fraud)

To ensure the contract's validity and prevent the tenant from petitioning the Rental Court (within the Court of First Instance) to annul the lease, the landlord must explicitly disclose the following:

1. Responsibility for Utilities (MEW Bills)

Under Article 11 of Decree Law No. 35 of 1978, the tenant is legally responsible for the costs of water and electricity consumption and telephone fees unless the lease explicitly states that the landlord will cover these costs. Landlords must disclose if the Ministry of Electricity and Water (MEW) bills are shared or if separate meters are installed.

Furthermore, under Article 11 Bis (2024 Amendment), landlords and tenants may notarize the lease contract at the Ministry of Justice to include an "executive formula." This allows for immediate enforcement of rent collection and eviction without a preliminary court judgment.

2. Property Zoning and Eligibility

The landlord must disclose the property's municipal classification under Decree Law No. 125 of 1992 and Law No. 33 of 2016. It is strictly prohibited to lease residential units or parts thereof in "private and model residential areas" to non-families (bachelors).

Violations carry fines between 1,000 KD and 5,000 KD. Continued non-compliance with eviction orders results in a daily fine of 20 KD and the disconnection of electricity and water services by the Kuwait Municipality.

3. Major Latent Defects

Article 595 of the Kuwaiti Civil Code mandates that the landlord warrants the property against all latent defects that prevent or significantly diminish its intended use, regardless of whether the landlord was aware of the defect at the time of signing. If a landlord fails to disclose known structural issues, chronic AC failures, or severe plumbing leaks, the tenant can sue for contract annulment and damages.

4. Ownership and Legal Encumbrances

Landlords must disclose their legal right to lease the property. Under Article 4 of Law 35/1978, lease contracts must be executed in writing and must explicitly state the names of the contracting parties, the description of the leased property, the purpose of the lease, the term, and the rent amount. Failure to provide a written contract with these details can jeopardize the legal standing of the lease.

5. Building Regulations and Restrictions

Any restrictive tower rules (e.g., no pets, parking allocations, or visitor policies) must be disclosed at the time of signing. These are typically attached as a "Building Regulation Addendum" to the primary lease to ensure they are legally enforceable.

Documentation and Transparency

To formulate a secure contractual environment, professional landlords in Kuwait use detailed Move-In Checklists, ensuring the tenant acknowledges full awareness of the property's condition and rules with their signature.

With the Landager platform, you can effortlessly save contract addendums digitally, such as building regulations and AC handover conditions, minimizing misunderstandings and building concrete evidence for the landlord should a case reach Kuwaiti Rental Courts in the future.

Back to Kuwait Residential Laws OverviewPreview unavailable.

How Landager Helps

Landager tracks lease terms, required disclosures deadlines, and payment schedules - making it easy to stay compliant with Kuwait regulations.