Eviction of Leased Property upon the Tenant’s Acquisition of Property Ownership ( A Comparative Study of the Landlords and Tenants Law of 1953 as Applied in the West Bank and Its Amendments as Applied in Jordan (

Abstract

This study aims to examine the legal provisions governing the eviction of a leased property when the tenant acquires ownership of a personal real estate property. The analysis is based on the legislative text in force in the West Bank and its counterpart in the amended version of the Jordanian Landlords and Tenants Law. The study further identifies the legal rules regulating the application of this provision and its conditions, given its legal and theoretical significance, particularly in light of the outdated nature of the Landlords and Tenants Law applied in the West Bank and the resulting changes in tenants’ economic positions, including their increasing ownership and construction of real estate in their areas of residence and employment.

The study employed a descriptive–analytical approach, which was suitable for its objectives, relying on an examination of relevant legal texts, a review of judicial decisions issued by both the Palestinian and Jordanian judiciaries, and the opinions of legal scholars.

The findings of the study recommend that the Palestinian legislator amend Article (4/1/ز) of the Landlords and Tenants Law by redefining its terms, distinguishing between commercial and residential properties, and requiring that eviction claims based on this ground be considered through urgent proceedings in the presence of both parties.