Landlord and Tenant Rights in Omani Law: Maintenance, Eviction and Termination

Lease disputes are among the most frequent cases before Omani courts: a landlord who will not maintain, a tenant behind on rent, a contract that expired while its occupant stayed. The Civil Transactions Law issued by Royal Decree 29/2013 regulates the lease contract in detail and fixes each party’s obligations. Said Ibrahim Ambusaidi Advocates (SIA), a law firm in Muscat, sets out the rules that decide the most common of these disputes.

What are the landlord’s core obligations?

A lease is a contract by which the lessor undertakes to enable the lessee to enjoy a specified thing for a specified period in return for known consideration, under Article 516 of the Civil Transactions Law. The lessor must deliver the leased property and its accessories in a condition fit for the full intended use, under Article 531, and must repair defects that arise and affect that use, under Article 535; failing that, the lessee may seek rescission or authorisation to repair and recover the costs.

The lessor warrants against all defects that prevent enjoyment of the property or grossly reduce it, under Article 540, and where a defect deprives the lessee of the use, the lessee may seek rescission and recover what was paid, under Article 541. Most importantly, any agreement exempting the lessor from the warranty against interference or defects is void, under Article 543 — the boilerplate clauses shifting everything onto the tenant have no value.

What are the tenant’s obligations?

The leased property is held by the tenant on trust: the tenant answers for loss or damage caused by his fault or negligence, under Article 544, and may not alter the property without the lessor’s permission, under Article 546. The tenant carries out the repairs that agreement or custom allocates to him, under Article 547, and may not prevent the lessor from necessary maintenance works, under Article 548. At the end of the lease the tenant must return the property in the condition received; keeping it without right makes him liable in damages, under Article 552.

What happens at expiry or when circumstances change?

The lease ends when its term expires, under Article 508 — but if the tenant remains in occupation with the lessor’s knowledge and without objection, the lease is deemed renewed on its original terms, under Article 529, a rule many landlords overlook until silence has renewed the contract. If the use of the property is entirely lost, rent abates for the lost period and the lease is rescinded by total destruction, under Article 549. A lease does not end on the death of either party, under Article 559, and either party may seek termination for a supervening excuse personal to him, compensating the other, under Article 560.

Note that residential and commercial premises leases are additionally subject to special rules on the landlord-tenant relationship and the committees that decide their disputes, so verify which regime applies to your contract before taking any step.

Key facts

• The landlord must deliver the property fit for full use and repair defects that impair it, under Articles 531 and 535 of Civil Transactions Law RD 29/2013.
• Clauses exempting the landlord from warranties against interference or defects are void, under Article 543.
• The tenant answers for damage caused by his fault or negligence, under Article 544.
• Staying on after expiry with the landlord’s knowledge and no objection renews the lease on its original terms, under Article 529.
• Keeping the property without right after the lease ends creates liability in damages, under Article 552.
• A lease survives death and may be ended for a supervening excuse with compensation, under Articles 559 and 560.

When to involve a lawyer

Involve a lawyer if the landlord refuses maintenance or cuts off your use of the property, if a tenant will not vacate after expiry, if you were caught by a tacit renewal you never intended, or if you want a long commercial lease drafted with a clear allocation of obligations and repairs that heads off disputes.

At Said Ibrahim Ambusaidi Advocates we draft and review lease contracts and represent landlords and tenants in eviction, rent and compensation claims before the competent committees and courts across Oman. The first consultation is free by phone or WhatsApp on +968 9706 3030. We are based in Al Khoudh, Seeb, Muscat, and work Sunday to Thursday, 9:00 to 13:00 and 14:00 to 17:00, in Arabic and English.

This article is general legal information, not legal advice.