To remove the confusion .. Explanatory memorandum of the rights of the old tenants
The lawlessness of the old law-abiding tenants continues despite the fact that the residents of these units were legally entitled to receive them at a time when there are 12 million closed housing units in Egypt. There are 10 million old housing units with some 20 million citizens, according to the latest statistics.
In an attempt to reach solutions to the problems of the tenants of the old law, the competent authorities received an explanatory memorandum from the Committee for the Defense of Tenants headed by Sharif al-Ja'ar, who are subject to Law 49 of 1977 and Law 136 of 1981 to clarify the causes of this crisis and to resolve them through judicial rulings issued in this regard.
On the rights of tenants – in accordance with the «memorandum» obtained «seventh day» copy of them – subject to Law 49 of 1977 and Law 136 of 1981 in the light of what is stated in the principles of the Supreme Constitutional Court and in order to social peace of this large group of the Egyptian people where The old tenants in Egypt rented apartments and commercial shops in accordance with the Egyptian Rent Law in 1977 and under the 1971 Constitution. This law is in force at this time, in accordance with the constitutional legitimacy in place and in natural conditions, not exceptional, since it was after wars and natural disasters.
The country, of course, was in a state of stability. When they rented these apartments and shops, they asked for frozen sums called a renter. In the 1980s, a man who was not criminalized by law became free of charge, representing half the price of the eye. Not so close to these apartments and shops until these apartments became shelter for them and the pensioners and widows and orphans and importers of the Egyptian people as well as shops have become a source of livelihood for families who have no other source of livelihood and workers in them as well.
According to the «memo» – any tampering with the cancellation of contracts concluded by consensual with the owners of these properties is the displacement and loss of livelihoods and the livelihoods of millions of Egyptian families covered by these apartments and shops are committed to pay the rental value agreed in the contracts concluded by mutual consent and approved by the State under the name of the legal value of the fee And this value is what they can meet in accordance with the current economic situation, which we all seek to improve these economic conditions and we strive to the extent of our ability to do so.
The Housing Committee of the Egyptian House of Representatives is to discuss how to issue a law to comply with the Supreme Constitutional Court ruling issued on 5/5-2018 of legal and governmental persons for non-residential purposes only, which is only the legal entities and companies owned by the state as a state tenant, It is based on the fact that legal persons do not have a heir. This rental relationship will therefore be lifelong and this is incompatible with the Egyptian Constitution which protects and protects property rights. Hence, the Supreme Constitutional Court ruled that the legal persons' E relationship rental for legal persons for the purpose of non-residential – so says «note».
The Ministry of Housing has submitted a five-item bill to increase the rental value during a five-year transition period. The tenant is obliged to vacate the rented premises and return it to the owner. The rent is increased to five times the legal rent value. Constitutional and unequal in raising the rent value compared to the legal increase, as it increased by eight times the natural persons listed in Law No. 6 of 1997 and therefore may not be increased to legal persons except to the extent that it increased on people Natural This is what was reported by the report of the Council of State in its meeting on 27-2-2019 on suspicion of unconstitutionality .
"The memo" – here is quite different for tenants of residential and commercial units of natural persons, because the Egyptian Supreme Constitutional Court ruled in this order extension of one generation and based on the lease permit for long periods according to the opinion of the Hanaf, the doctrine of Abu Hanifa Nu'man doctrine on which we rely on Egyptian law in most cases where the second article of the Constitution states that the principles of Islamic law is the main source of Egyptian legislation.
From this point of view, the Supreme Constitutional Court ruled on 3-11-2002 in case No. 70 for judicial year 18 concerning the legal extension of one generation in residential units where the ruling for one generation is not outside the circle of the contract of the lease with the end of several facts, The contract was extended to the benefit of the relatives of the original tenant.
In case No. 203 of 20 judicial year, the Supreme Constitutional Court on 14-4-2002 extended the lease contract in the shops of one generation of those who carry out the same activity from the heirs of the original tenant either themselves or through third parties or their representative in order to maintain the non-interruption of the livelihood of citizens, The heirs hired in the rented eye shall be connected to their need as a place to engage in the profession, craft or activity of their original gene in order to maintain the stability of the families and to fear their livelihood. Otherwise, it will have very serious consequences of recession, unemployment and displacement. .
A copy of the constitutional provisions on the legal extension of residential and commercial units in the Arab Republic of Egypt was attached to the above-mentioned memorandum. In the case of any law that contradicts the principles established in the above-mentioned Supreme Constitutional Court, Like the lack of constitutional and threatening the interests of a large group of the Egyptian people and a state of confusion.
[tTo] Old Tenants
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