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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Lawyer
Hello.I am having a nursery business in Kuwait.The...
Hello.I am having a nursery business in Kuwait.The business is closed since March 2020 as per Kuwait government law because of Covid 19.The building owner ,in February 2021 ,sold his property to someone else and I signed a new contract with the new owner under the same conditions as previous contract.I did not paid the rent to the old owner for 6 months.I paid the rent for new owner for 3 months .Can I obtain a court order to pay less of a rent to both owners taking in consideration that my business is closed?
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إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that the Kuwaiti real estate leasing law was clear on this issue, whereas, if the property is transferred to a new owner, the tenant is obligated to pay the rent to the new owner, not the old, and therefore legally the old owner is not entitled to charge you with the rent
Article 16 of the Kuwaiti Real Estate Leasing Law stipulated:If the ownership of the leased property is voluntarily or compulsorily transferred to another person, then the lease is enforced against the right of the new owner even if he does not have a fixed date prior to the disposition that transferred the ownership
The provisions of the contract continue in terms of its effects and the period required for adjusting the rent for the new owner.
This is required for the lessee to occupy the leased property on the date of transfer of ownership.
However, the lease will not be enforced against the new owner if he proves it false or if he proves fraud that nullifies it.
الرد من العميل
What it can happen if I do not pay the rent to the present building owner stating as a reason that my business is closed by the government because of COVID 19 and I have no profit ?
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Since that the closure of facilities was due to Corona and this in the law is considered force majeure so that the wage is exempted or part of the wage is incurred as a result of this circumstance, and you can file a lawsuit in the court to demand a reduction in the wage, but the authority is to approve your request to the court, it either approves or rejects
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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