Is there a statutory eviction notice in Saudi Arabia?

No prescribed form is set out in the Civil Transactions Law. What the Law requires is notice: Article 107 lets the innocent party demand performance or termination only after notifying the breaching party, and Article 108 requires notice of the intention to terminate even where the contract confers a right to terminate without a judicial ruling, unless the parties explicitly agreed otherwise.

Can a landlord lock out a tenant who stops paying rent?

The route is judicial. Article 31(a) of the Law of Civil Procedure gives the general courts jurisdiction over lawsuits relating to real property, including eviction, payment or contribution to rent, and claims to restrain interference with possession or to recover possession. Article 206 of the same Law lists injunctions banning interference with possession and recovery of possession among summary cases, for which Article 207 sets a 24-hour appearance period.

What can a landlord recover from a tenant who holds over?

Article 435(2) of the Civil Transactions Law entitles the lessor to the prevailing market rental rate where the lessee unrightfully retains the property, without prejudice to the right to compensation. Article 440 is the trap on the other side: if the lessee continues in occupation with the lessor's explicit or implicit consent, the lease is treated as renewed on its original conditions.

Eviction Notice in Saudi Arabia

Saudi law prescribes no statutory eviction notice form, and recovering possession is not a self-help remedy. The Civil Transactions Law requires notice before a party demands performance or termination for breach, and requires notice of the intention to terminate even where the contract allows termination without a court ruling. The Law of Civil Procedure then routes eviction and rent claims to the general courts.

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Governing law

Termination of a lease for breach is governed by the Civil Transactions Law, Royal Decree No. M/191 of 18 June 2023, and jurisdiction over eviction and rent claims is set by the Law of Civil Procedure.

Civil Transactions Law, Royal Decree No. M/191 of 18 June 2023, Arts. 107, 108, 435 and 440 (Bureau of Experts official translation, Ministry of Investment)

What a eviction notice has to contain in Saudi Arabia

Article 107 lets a party to a bilateral contract, after notifying the breaching party, demand implementation or termination and claim compensation, with the court able to dismiss a termination petition where the unperformed part is insignificant.
Civil Transactions Law, Royal Decree No. M/191 of 18 June 2023, Art. 107 (Bureau of Experts official translation, Ministry of Investment)
Article 108 recognises an agreed right to terminate without a judicial ruling, but still requires the creditor to notify the debtor of the intention to terminate unless the parties explicitly agree otherwise.
Civil Transactions Law, Royal Decree No. M/191 of 18 June 2023, Art. 108 (Bureau of Experts official translation, Ministry of Investment)
Article 435(2) entitles the lessor to the prevailing market rental rate, without prejudice to compensation, where the lessee unrightfully retains possession.
Civil Transactions Law, Royal Decree No. M/191 of 18 June 2023, Art. 435(2) (Bureau of Experts official translation, Ministry of Investment)
Article 440 ends the lease on expiry unless automatic renewal is stipulated, and treats continued use with the lessor's explicit or implicit consent as renewal on the original conditions, so accepting occupation after expiry may renew rather than create a holdover.
Civil Transactions Law, Royal Decree No. M/191 of 18 June 2023, Art. 440 (Bureau of Experts official translation, Ministry of Investment)
Article 31(a) of the Law of Civil Procedure gives the general courts jurisdiction over real property lawsuits, including eviction, payment or contribution to rent, and claims to restrain interference with possession or recover it, unless the law provides otherwise.
Law of Civil Procedure, Art. 31(a) (official English text, Ministry of Investment law library)
Article 206 of the Law of Civil Procedure lists injunctions banning interference with possession and recovery of possession among summary cases, and Article 207 sets the appearance period in summary cases at 24 hours, reducible by court order.
Law of Civil Procedure, Arts. 206 and 207 (official English text, Ministry of Investment law library)

What catches drafters out

Article 442(2) provides that where the lessor demands termination, the lessee need not return the property until he receives compensation or adequate security, which can delay recovery even on a valid termination.
Civil Transactions Law, Royal Decree No. M/191 of 18 June 2023, Art. 442(2) (Bureau of Experts official translation, Ministry of Investment)
Article 111(2) provides that termination of a time-based contract has no retroactive effect, with the court able to order compensation, so terminating a lease does not unwind past periods.
Civil Transactions Law, Royal Decree No. M/191 of 18 June 2023, Art. 111(2) (Bureau of Experts official translation, Ministry of Investment)
Article 296(b) bars a claim for rent, as a renewable periodic right, after five years, so arrears built up over a long holdover may be partly unrecoverable.
Civil Transactions Law, Royal Decree No. M/191 of 18 June 2023, Art. 296(b) (Bureau of Experts official translation, Ministry of Investment)