Lease and Real Estate Law
Maintenance Rules for Leased Property under Jordanian Civil Law
This summary outlines the maintenance obligations borne by landlords and tenants under the Jordanian Civil Code, distinguishing maintenance types and the allocation of responsibility. It also explains judicial remedies available for breaches, including effects on rent and the right to rescind the lease.
Updated: 22 October 2022
Prepared and reviewed by: Ashraf Al-Khawaja
Nature of Maintenance: Types and Distinction from Renovation
Maintenance means the repairs required to keep the leased asset able to deliver the contractually intended benefit during the lease term. The law differentiates necessary repairs (to prevent destruction or to secure intended use), minor tenant repairs (customarily borne by the tenant), and cosmetic improvements for which the landlord is not responsible. Unlike renewal or reconstruction after total loss, maintenance duties cover fixes arising during the lease and do not impose an obligation on the landlord to rebuild in case of total destruction.
Scope of Landlord’s and Tenant’s Obligations in Practice
The landlord is required to carry out necessary repairs affecting the leased property's intended use, regardless of whether the defect stems from the landlord, a third party or force majeure, unless caused by the tenant or the tenant’s dependents. The landlord also bears taxes on the built property and costs for shared fixtures. The tenant is responsible for minor repairs resulting from ordinary use unless agreed otherwise or customary practice dictates otherwise. In practice, classifying expenses as necessary, useful, or cosmetic determines reimbursement rights, removal or compensation options.
Practical and Procedural Consequences of Breach of Maintenance Duty
If the landlord fails in maintenance duties, the tenant may seek specific performance through the courts or obtain authorization to perform repairs and recover reasonable expenses; for urgent minor defects, the tenant may repair and deduct costs from rent after notifying the landlord. The tenant may also seek termination of the lease if the landlord remains in default after a proper notice; courts have discretion to grant a grace period before ordering rescission. Damages for loss resulting from inadequate maintenance can be claimed whether the tenant seeks specific performance or rescission, subject to proof of causation and loss.
Judicial Trends and Practical Limits in Court Decisions
The Court of Cassation has affirmed the landlord’s duty to repair defects affecting use and validated contractual clauses assigning repair duties where not contrary to public order. It held that unproven or unauthorized tenant repairs do not automatically increase the leased property's value. Case law tends to protect the landlord’s right to perform necessary works and not to be charged for tenant-caused deterioration, while providing tenants procedural remedies to seek court authorization for repairs or compensation, subject to evidentiary, notice and jurisdictional requirements when litigating.
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Notice: This content is for general educational purposes and is based on the original published source linked on the summary page. It does not substitute for the governing statutory texts or advice from a licensed lawyer; verify the applicable laws, amendments, and official dates with competent authorities or a qualified legal adviser before taking any action.
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