Goodwill
Question:
If in the contract for the purchase of commercial real estate subject to the Landlord and Tenant Relations Law of 1376, without mentioning the term and taking into account the monthly rent, the contract is concluded:
1- When can the owner request evacuation?
2- Is it necessary to vacate the property according to the rental law of 1356, such as personal need or change of job?
3- Do actions such as transfer to another without the permission of the owner or change or other violations in #rental contracts of 1376 have an effect on the exclusion or non-exclusion of a goodwill buyer in demanding goodwill at the daily rate?
4- If the transfer of goodwill takes place while concluding a lease contract and paying the monthly rent, does the tenant have the right to goodwill at the daily rate at the end of the lease contract or not?
5- In the event of the previously mentioned violations in the situation of paragraph 4, the status of the tenant and his rights, in what order are the relations between the landlord and the tenant in the law of 1376.
Answer:
Theory No. 3/93/7 – 1/16/1393
Answer of the General Legal Department of the Judiciary
1- According to Articles 468 and 501 of the Civil Code and Article 2 of the Landlord and Tenant Law of 1376, which oversees the subject of inquiry, if the lease period and the amount of the rent are monthly and yearly. If it is not specified, the lease contract is invalid and the owner can also request to vacate the land, in addition to filing a lawsuit for annulment of the lease, in which case the money received must be returned.
2- If the subject of the lease is subject to the Landlord and Tenant Relations Law of 1356, at the time of filing the eviction lawsuit, it must also be stated in the petition. But if it is subject to the Law of Landlord and Tenant approved in 2006, the mention of direction is excluded.
3, 4, and 5 – According to Note 2, Article 6 of the Landlord and Tenant Law approved in 1376, the person who has the right to demand goodwill, at the time of eviction, has the right to demand it at the daily rate, and the tenant’s violations per se will not have an effect in this case.
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This post is written by AliVosoughi