Relationship between eviction of tenant and payment of key-money in Relations between Landlord and Tenant Act 1997

Document Type : Original Article

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Abstract

     Rent basis has a special place in our legal system. Legislative had a special effort to regulate the relations between the parties to the lease and to protect the rights of mutual, but with being complexity of social and economic relations, new issues proposed between rental relationships parties that many of them would be new and unprecedented. One of the most important issues is key-money right that is exists only for commercial places. Key-money paid on time is not observed as explicit ordinance in the relations between landlord and tenant Act 1376. People and the judge have been confused by lack of rule. If we are satisfied with the form of Articles, particularly Article 3 of the mentioned Act and if we know the evacuation order in any way is mandatory, then the loss to tenant will be irrecoverable. It is clear that in support of one party, shall not macerate to the other party, but shall retain the rights and interests of the both parties to the contract. So, as the lessor after expiration of contract can requests eviction of place under the 1376 Act, a tenant (the key-money owner) that cause the value of place be increased and commercially developed, is entitled to received his right. It is fair to say that the tenant eviction is subject to the payment of a fair price of key-money.

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Academic Journal of Knowledge and Research of Law
Volume 3, Issue 2 - Serial Number 2
December 2014
Pages 141-180

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