Kuwait Residential Lease Laws: A Guide for Landlords
A overview of residential rental laws in Kuwait, including the 5-year rent increase rule, eviction processes, and the Rental Court.
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Kuwait boasts a and highly regulated residential leasing sector governed primarily by Decree Law No. (35) of 1978 Regarding Leasing of Real Estate and its subsequent amendments. The law carefully balances the rights of both the landlord and the tenant, ensuring stability for families while protecting real estate investments.
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Key Kuwait Rental Laws at a Glance
| Topic
| Key Rule | Statute | |---|---|---| | Rental Court | A specialized court handles all eviction and rental disputes. | Law No. (35) of 1978 | | Security Deposit | No maximum legal limit; customarily 1 month's rent. | Tenancy Agreement | | Rent Increase Cap | Rent can only be increased once every 5 years (ajrat al-mithl). | Article 11 of the Law | | Eviction Notice Period | A 20-day grace period applies for late rent before an eviction lawsuit can be filed. | Article 20 | | Subletting | Strictly prohibited unless explicit written consent is given by the landlord. | Article 13 |
The Specialized Rental Court
Kuwait features a specialized legal framework for rental disputes. Historically, the "Rental Court" (محكمة الإيجارات) within the Ministry of Justice exclusively handled all disputes arising from residential and commercial leases. However, recent amendments through Decree Law No. 95 of 2024 have introduced expedited mechanisms. While the Rental Court remains crucial for complex disputes, notarized lease contracts now allow landlords to directly enforce collection of overdue rent through the Execution Department, bypassing a full court trial in certain instances. Appeals against Rental Court rulings are now processed by the Court of First Instance in its appellate capacity, streamlining the judicial process.
Security Deposits in Kuwait
Kuwaiti law does not prescribe a maximum ceiling for security deposits. However, local market custom often dictates a deposit equivalent to one month's rent (paid in advance). This deposit is held to cover any abnormal damages upon the tenant's departure or to settle outstanding electricity and water (MEW) bills that fall under the tenant's responsibility.
For more details, refer to our Security Deposits guide.
Rent Increases (Ajrat Al-Mithl)
Kuwait has a very stable rent control system. Under Article 11, a landlord is prohibited from increasing the rent (and a tenant from decreasing it) until five (5) consecutive years have passed from the start date of the contract or the date of the last rent modification.
If the parties disagree on the new rent amount after five years, either party can petition the Rental Court to determine the "Ajrat Al-Mithl" (similar rent), which is the fair market value compared to similar properties.
For more details, refer to our Rent Increases guide.
The Eviction Process
A landlord cannot force a tenant to vacate merely because the written contract has expired, provided the tenant continues to pay rent (statutory extension of the lease). Recent amendments, particularly Decree Law No. 95 of 2024, have streamlined the process for landlords to address overdue rent. If a lease contract is notarized and includes an "executive formula," landlords can pursue direct enforcement for overdue rent through the Execution Department without a lengthy court trial. This process requires the lease to be in writing, signed by both parties, with clearly fixed rent amounts and due dates, and formal notification to the tenant before enforcement. However, Article 20 still specifies traditional grounds for eviction, including:
- Non-Payment: If the tenant fails to pay the rent within twenty (20) days of its due date, an eviction lawsuit can be filed. (Note: For notarized contracts, direct enforcement of overdue rent may precede or run parallel to this process.)
- Subletting: Transferring or subleasing the property without written consent.
- Demolition: The landlord needs to demolish the building for reconstruction (subject to age and municipality approvals).
- Personal Need: The landlord urgently needs the property for personal or immediate family residence (with strict proof and notice prerequisites).
For more details, refer to our Eviction Process guide.
Maintenance Obligations
Under Kuwaiti Civil Law, the landlord is historically responsible for major structural maintenance. However, in today's investment apartment market, many daily and routine maintenance obligations are shifted to the tenant through explicit clauses in the lease contract, excluding fundamental structural risks.
For more details, refer to our Maintenance Obligations guide.
Ensuring Compliance in Kuwait
Managing investment properties requires accurate tracking of contract renewal dates (to monitor the 5-year cycle) and payment due dates (to pinpoint the 20-day grace period). Landager's platform helps you archive contracts, track receipts, and schedule reminders to maintain secure control over your investments in Kuwait.
Explore more about Kuwaiti lease laws:
How Landager Helps
Landager tracks lease terms, overview deadlines, and payment schedules - making it easy to stay compliant with Kuwait regulations.
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