Wall in the registration documents
The term wall has been used in many of the documents of ownership in the area of the properties and properties.
The term wall is used in four different documents in the document if inserted in the document:
۱ – Wall to wall …… .:
That is, each of the two properties adjacent to each other has a dedicated wall for themselves.
۲ – Shared wall ……:
That is the wall between two properties belonging to both properties.
۳٫ Wallpapers to … ..:
That is the wall between two properties belonging to the desired property.
۴٫ To the wall … ..:
That is the wall between two properties belonging to the adjacent property.
What if the tenant did not evacuate the property?
One of the most important problems that may arise at the end of the rental agreement is that the tenant can not empty the property. The law in this regard for the landlord has considered the right to take over from the tenant who violated the law. Rental is a temporary contract. Determining the time is one of the terms of the contract and if it is not specified for a term, the contract will not be valid.
According to the report, when the rental period ends, the tenant usually wants the tenant to evacuate the property. If the property is discharged with satisfaction that there is no problem, sometimes there may be disputes during the time of property discharging, which is the subject of this report, which seeks to investigate a foreclosure solution.
Requirements for evacuation request
For the purpose of requesting property discharging from the landlord, the landlord must either have expired or the tenant has not paid the rent for more than three months or has done something contrary to the rental agreement. In this case, you can ask the Dispute Settlement Council to request a discharge order. In order to evacuate property in accordance with Article 2 of the Owner and Tenant Act of 1376 and its Implementing Regulations, an evacuation request should be made. Under the law of the court, within a week, the matter will be referred to the Dispute Resolution Council.
Discharging on a rental basis:
First, we will consider the process of handling the hypothetical drain demand that the landlord and tenant have concluded the lease contract in the normal manner. If the rental agreement is unofficial, that is, it is not set up in the notary’s office, we can order immediate removal of the property. Regarding ordinary contracts, there is no difference between the fact that the contract has been set manually and on the same account or in the agency of the real estate. Of course, the negotiated contract must have the terms of a contract to be cited. In the application for discharging, you must write information such as name and place of residence of the typist and the properties of the tenant, and the specifications and date of the rental document.
The Judicial Officer of the Discharger in the enforcement of the Law on Landlord and Tenant Relations of 1376 shall, by examining the documents, fix the leased relationship and issue the discharge order thereafter. In this case, there is no longer any right of appeal to the tenant or a third party, and in the event of a protest or claim of any right, in accordance with article 5 of the abovementioned law, a petition may be filed that is a separate matter and does not require a discharge order.
Drain on the assumption that the rental agreement is official:
This will take more time because in this case the tenant’s decision will be subject to review. After this period, if the order is issued to the landlord, you will need to apply for an executive order from the office where the rental agreement has been made, in which case a ten day objection to the tenant will be issued to the tenant. After the said period, if the protest is not executed, you can force the tenant to evacuate.
If the claimant claims that the property has been damaged by the tenant or he has not paid rent or money, we can not personally deduct this amount from the amount of money we hold. Rather, in order to obtain his right, he must lodge a suit with a claim for damages in the amount of his claim to the circle of execution of the discharge order. In this case, the execution circle does not give the tenant the full amount of the deposit, so that after the issuance of the court ruling and your claims, it will reduce the remaining amount to the tenant.
Importance of determining the rule of law
With the expiry of the lease term, if the tenant does not evict the leased property, we will encounter several situations. First of all, it should be noted that the rental agreement is governed by the rules of the leaseholds. For example, if a commercial property is subject to the law of landlord and tenant relations approved in year 56, the court shall take into account the provisions of Articles 12 to 17 of this Act regarding the issuance of a death sentence for the lease and evacuation of the same tenant, and if the property is subject to residential lease and subject to that law or The civil law or the law of landlord and tenant relations approved in 1362 or the absence of the terms of the form of the lease agreement stipulated in the law of landlord and tenant relations (76) (lack of certificate of 2 witnesses in the lease). The landlord must submit a petition for discharging and review It will also be subject to the rules of civil procedure law.
However, if the rental agreement is governed by the provisions of the law of landlord and tenant relations approved in 1376 in accordance with the provisions of Articles 2, 3 and 4 of this Law, within one week after the request of the landlord to discharge the order for discharge after the deposit and deposit of the loan and the amount of the loan provided in the contract By the landlord to the depository of the court or the enforcement court, and will be executed by the judiciary.
The difference in the depreciation of the same tenancy in the ordinary lease contract with the lease contract in the form of a formal document is that, in accordance with Article 2 of the Law on landlord and tenant relations approved in 1376, the ordinary lease contract must be certified by two persons of trusted parties as witnesses.