04‏/05‏/2009

Renting Real Estates in Egypt
At some point in your life , you will probably need to rent real estate – an apartment , an office , and so on – from another person.
The agreement of rental is a lease .In Egypt a lease is govern by the civil law.
A lease is a contract by which the lessor ( landlord ) undertakes to enable the lessee to enjoy a specific real estate for a certain time in return for a affixed rent .
A lease is a form of bilateral contract , and to be valid , it must satisfy the usual requirements for a valid contract :
- consent of the contractors ( offer and acceptance ) .
- object .
- consideration ( lawful purpose ) .
A lease may be oral or written , but it is better to have a written lease that outlines the rights and duties of the landlord and tenant .
There is no such thing as a required form for a lease or required language . All that is needed is language that expresses the agreement reached between the lessor ( landlord ) and the lessee ( tenant ) . it is important , however , that a lease be as complete as possible and contain all elements agreed upon by the landlord and tenant .
The essential elements of a lease are factual information and a listing of the rights and duties of the landlord and tenant .

FACTUAL INFORMATION :
The important factual information of a lease includes the names and addresses of the landlord and tenant , a description of the real estate being leased , the term of the lease , the amount of the rent , the time and place for payment of the rent , and the signatures of the parties .
RIGHTS AND DUTIES :
The most important part of a lease describes the rights and duties of the landlord and tenant .
USE THE REAL ESTATE :
Under Article 558 of the Egyptian civil code , the landlord is obligated to enable the tenant to use the real estate without being disturbed in his / her possession of the real estate .
On the other hand , the tenant is obligated to use the leased real estate only for the purpose described in the lease .

TERM OF THE LEASE :
A lease exists for length of time .The most common type of lease contain a fixed period of time , such as one year , a tenant may be given an option to renew the lease by giving the landlord notice of an intention to renew or automatically continues for periods of time equal to the original lease term until one party gives the other a notice of undesirability for renew .
SECURITY DEPOSIT :
In Egypt , Many landlords require a tenant to deposit a sum of money with the landlord to guarantee that the tenant will live up to the lease terms . it usually consists of one : three month's rent . the security deposit is often used to pay for any damages the tenant caused during the lease terms .
At the end of the term , if the tenant has fulfilled all obligations. The deposit is returned to the tenant.

PAYMENT OF THE RENT :
A lease generally specifies when and to whom the rent must be paid . In most cases rent is payable in advance .
Most lease contain clauses outline a landlord's remedies if the tenant does not pay the rent , such as eviction , which is a legal action taken by a landlord to force a tenant to leave the real estate .
PAYMENT OF UTILITES :
Payment of utilities such as water , gas , and electricity , is an important factor in a lease . the lease should state who is responsible for paying the utilities charges .
REDECORATION AND REPAIRS :
Another important item in a lease is the cost of redecoration and repairs , which can be very expensive . Most leases specify who is responsible for these items .
Under Article 567 of the Egyptian civil Code , the lessor ( landlord ) is obligated to carry out " the necessary repairs ".
Most leases state that the tenant must take reasonable care of the leased premises and it is prohibited to make any alterations on the leased premises , without the landlord's consent in writing .
ASSIGNMENT AND SUBLEASE :
Most leases state expressly that the lessee is prohibited to assign or sublet or sublease the leased premises to a third party for any reason whatsoever .

It was a brief notes on the essential elements of a lease according to the Egyptian practice and civil law .



Renting Real Estates in Egypt © Layout By Hugo Meira.

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