What is a Sublease?
- Definition:
A sublease occurs when the original tenant leases the rented unit or property to a third party under a new lease agreement called a sublease, where the third party is referred to as the subtenant.
Is it valid to sublease without the original landlord’s approval?
- Answer:
No, it is not valid. The approval of the original landlord is an essential condition for the validity of the sublease agreement. - Legal Text:
Article (437) of the Saudi Civil Transactions Law (Royal Decree No. M/191 dated 29/11/1444 AH) states: “The tenant may not lease all or part of the leased property or assign the lease without the permission or consent of the landlord.” - Meaning:
The original tenant cannot lease the property or unit they rented to others without the explicit permission of the landlord.
What is the judicial jurisdiction for sublease contracts?
- For standardized lease contracts documented on the Ejar platform:
The Execution Court has jurisdiction over disputes related to standardized lease contracts registered on the official Saudi Ejar platform.
When does the General Court have jurisdiction?
The General Court has jurisdiction over lease-related cases in the following cases:
- If there are additional terms beyond the standardized lease contract:
That is, when the lease contains terms or clauses beyond those specified by the Ejar platform. - If the contract was concluded before Circular No. 13/T/7656 dated 4/5/1440 AH:
That is, contracts concluded before the implementation of the Ejar system for documenting leases.
Legal References
- Saudi Civil Transactions Law, Royal Decree No. (M/191) dated 29/11/1444 AH
Saudi Civil Transactions Law – Shura Council Library - Saudi Ejar Platform – Ministry of Municipal and Rural Affairs and Housing
Ejar Platform - Saudi Ministry of Justice Circular No. 13/T/7656 dated 4/5/1440 AH (for jurisdiction details)
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