The Absence of a Written Contract in Residential Rentals Sparks an Increase in Disputes
The lack of a written contract in residential rentals is leading to a surge in disputes, according to lawyer Hajer Jmal, who appeared on the Tunisian TV show "Chara3 Ettounsi" hosted by Oussama Souiai on August 4.
In Tunisia, the law does not require a written contract for rental agreements. As a result, many landlord-tenant relationships are based solely on trust, which becomes problematic in the event of a dispute. "Many landlords find themselves trapped, as without a written contract, they have no way to prove the rental relationship in court," Jmal emphasized.
This legal loophole is prompting many landlords to initiate expedited procedures to evict recalcitrant tenants, but without written proof, judges are often unable to make a swift ruling. "The judge requires clear evidence. Without a contract, they will send you back to the court of first instance, where the procedure can take several months," she warned.
However, there are two methods to prove a rental relationship without a written contract: firstly, by depositing a verbal lease with the tax authorities as a sworn declaration; and secondly, by using a bailiff to establish a written record of the tenant's interrogation. Nevertheless, these approaches do not always guarantee effective protection, especially if the tenant refuses to cooperate.
Jmal also cautioned against certain illegal practices by landlords who, in desperation, expel tenants without going through the legal process. "You risk criminal prosecution for violation of domicile or theft if you throw a tenant's belongings out," she alerted.
On the tenant's side, protection also exists. A well-drafted contract by a professional can include a clause requiring a three-month notice period before eviction. In cases of abuse, the tenant can also seek the judge's intervention to obtain a delay, particularly during the school year.
The expert's recommendation is clear: "A solid rental contract, drafted by a professional, protects both parties. Standard contracts from libraries are often riddled with loopholes."
