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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hi.I am the owner of a nursery day care busine...

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Hi.I am the owner of a nursery day care business.in Kuwait.My business is close because of covid 19(order from government)Till now we are not allowed to open .O did not paid the rent for the house owner for 5 month.Before few days he sold the house .The contract of renting the house expire in 2024.What is my situation?I can continue to stay based on this contract or the new owner can tell me to live?

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Please be kindly informed that according to the information provided to us in your inquiry and with reference to the Kuwaiti leases law first, the contract is Sharia contracting parties, and therefore if the lease contract is of a fixed term and has not expired, the rental period has been sold and the property has been sold for another, this does not mean the end of the lease contract and the count extends to the one who follows the new owner, the buyer, and the law does not allow He has the right to leave the rented property as his custody except after the end of the lease agreement unless the tenant wants to end the lease before the expiry of its term and the new owner agrees to terminate this in general

الرد من العميل

Ok.thank you for answer.Taking in consideration that because of the closure of the business during covid till present time i dont have money to pay the rent ,What will happen if i not pay the rent for the new owner of the property?He can tell me to leave although as you said I have the right to stay based on the old contract?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

In this case, which is the case of not being able to pay the rent due to the government closure order, it is possible to install the rent amount to the new owner, and if he filed an eviction request for not paying the rent, the installment order legally justifies your presence in the rented property until the end of the contract period

الرد من العميل

So who is going to install.I don t understand.You mean to pay in installments the amount ?I should go to court and ask for this?Or the new owner?What is the procedure?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear procedure, when the rent is requested by the new owner, the landlord has offered the installment to him. If he refuses to go to the court, a request can be submitted by a judge to pay the rent owed to you with the statement of the government closure order and the approval of the court

الرد من العميل

Ok so to be more clear:i am the tenant who did not pay the rent .So when the landlord come to ask for rent and i say i cannot pay he ,the landlord will tell me to pay instalments or me the tenant i should go to court and ask the judge to allow me to pay in installments?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, the matter is clear. Suppose that you could not pay the rent and the leased owner filed the eviction lawsuit for the property at that time. An objection to that can be submitted and the reason for not being able to pay the rent, the offer and the request from the court to install the rent and obtain a decision to pay the rent until the full value is paid at the times specified by the court. I explain to you

الرد من العميل

Thanks a lot

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We are always happy to contact you in the legal department

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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