In a new development regarding the old rent law, the first appeal has been filed before the Supreme Constitutional Court challenging the recently amended Old Rent Law, ratified by the President of the Republic under Law No. 164 of 2025.
The new law addresses certain provisions related to rental regulations and aims to reorganize the relationship between landlords and tenants, in line with the previous ruling issued by the Constitutional Court in Case No. 105 of Judicial Year 19.
The Lawsuit Demanding the Cancellation of the Amendments
The text upon which the new appeal is based refers back to a previous Constitutional Court ruling in Case No. 105 of Judicial Year 19, which was issued in a public session on Sunday, November 3, 2002. The session was presided over by Counselor Dr. Mohamed Fathy Naguib, with the attendance of the court’s judges and members of the Commissioners Authority.
That ruling detailed the original case, in which the plaintiff cited Article (18) of Law No. 136 of 1981. This article states that a landlord may not request the eviction of a tenant even after the agreed contractual term has expired. The plaintiff argued that this provision violates constitutional principles such as social solidarity and private property rights, in addition to conflicting with certain provisions of Islamic Sharia.
The Court’s Decision on the Constitutionality of Article (18)
After reviewing the documents and deliberating, the court examined the lawsuit demanding the cancellation of the legal extension of rental contracts as stipulated in the mentioned article. The appeal specifically targeted the first paragraph of Article (18), which grants tenants a legal extension of the contract despite its expiry. This, the appeal argued, conflicts with constitutional provisions protecting property and economic rights of landlords.
The court ruled that the challenged article does not contradict Islamic Sharia, noting that the principles of Sharia are considered the primary source of legislation according to the Constitution. However, full compliance applies only to definitive rulings of Sharia. Non-definitive provisions allow for juristic reasoning (ijtihad) to address contemporary circumstances and societal needs.
Conclusion
These latest legal developments highlight the ongoing debate over the old rent law and the best way to regulate the relationship between landlords and tenants in a manner that suits society and respects the rights of both parties.
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