Does the Landlord Have the Right to Evict the Tenant? And What Is the Difference Between Termination and Invalidity?
We Answer All These Questions Here with Legal Precision and Professional Clarity.
Second: Grounds for Invalidity and Termination.
| Element | Invalidity | Termination |
| Reason | – A Deficiency in One of the Essential Elements of the Contract (Consent, Subject Matter, or Cause). – Violation of Public Policy or Islamic Sharia. – Entering into a Contract with a Person Lacking Legal Capacity. | – A Breach of Obligations by Either Party. – Refusal to Perform or a Prejudicial Delay. – Termination Conditions Expressly Stipulated in the Contract. |
| Timing of the Cause | From the Inception of the Agreement. | After the Contract Has Taken Effect and Performance Has Commenced. |
Third: Legal Effects.
Effects of Contract Invalidity:
- The contract is deemed never to have existed.
- Matters are restored to their pre-contractual state, where possible.
- No provision of the contract may be enforced.
- The contract’s termination clauses or penalties do not apply.
Effects of Contract Termination:
- The contract is terminated as of the date of termination and is not deemed never to have existed.
- The parties are required to restore the situation to its previous state as far as possible.
- Compensation may be claimed for damages resulting from the breach.
Fourth: The Competent Judicial Authority
| Element | Invalidity | Termination |
| The Competent Authority | The Court Only. | The court, or as stipulated in the contract—sometimes by mutual consent or formal notice. |
| Judicial Ruling | Binding and Immediate | It may require formal notice or a grace period before a ruling is issued. |
Fifth: Practical Examples
🔹 Example of Contract Invalidity:
A person entered into a sale contract while still a minor and had not reached the legal age of capacity, or sold something that is prohibited under Islamic law, such as banned substances. This contract is void from the outset.
🔹 Example of Contract Termination:
A tenant failed to pay the rent for three months despite receiving formal notices. In this case, the landlord may request termination of the contract through the competent court or the “Ejar” platform.
Does the landlord have the right to evict the tenant?
Brief Answer: He is not entitled to evict the tenant directly; the legally prescribed procedures must be followed through the competent judicial authorities..
When is a landlord legally entitled to evict a tenant?
1. In the event of non-payment of rent.
If the tenant is more than 30 days late, the landlord may apply for termination of the contract and eviction.
✅ However, the landlord is not entitled to evict the tenant personally or by force..
❌ Eviction may only be carried out pursuant to an official judicial or enforcement order.
2. In the event of a breach of the contract terms.
Ex:
- Subletting Without Permission.
- Causing damage to the property.
- Changing the purpose for which the property is used.
- Causing security-related complaints or persistent disturbance.
In this case, the following steps are taken: Filing a legal action for eviction.If a judgment is issued, it will be enforced by the competent authority.
3. Upon expiry of the contract without renewal.
If the contract expires and is not renewed, the landlord may request eviction. However, the landlord must:
- Notify the tenant that the contract will not be renewed.
- Wait until the contract term expires.
- Resort to the court if the tenant refuses to vacate the property.
Is the landlord entitled to change the locks or prevent the tenant from entering the property?
The landlord is not entitled to do so under any circumstances..
Changing the locks or preventing entry is considered a violation of the sanctity of the home and may result in legal liability.
Legal Summary:
🔹 Eviction may only be carried out pursuant to a court order.
🔹 Saudi law provides clear legal mechanisms to protect both landlords and tenants.
🔹 Contract termination must not be arbitrary; it must be based on a breach or an explicit contractual provision.
🔹 Invalidity applies in fundamental cases that affect the contract’s validity from the outset.