Tenant Refuses to Leave Your Iranian Property: Legal Remedies from Abroad

Iranian landlord-tenant law has undergone significant reform since 1997, creating different eviction procedures depending on when and how the tenancy was established. For expat landlords — who are often dealing with tenancies arranged by family members, inherited along with a property, or established years ago through informal agreements — navigating the eviction process from abroad requires understanding exactly which legal framework applies and choosing the right procedural path.

What Is the Legal Framework for Tenant Eviction in Iran?

Iranian landlord-tenant law operates under two distinct regimes separated by 1997 reforms:

• Post-1997 residential and commercial leases (قانون روابط موجر و مستأجر 1376): Leases signed after 1997 on official notarized forms (or two-witness certified forms for residential) are subject to a simplified eviction procedure. When the lease expires and the tenant refuses to vacate, the landlord can obtain an eviction order directly through the court enforcement unit (واحد اجرای احکام) without a full trial — typically within 1–3 months.
• Pre-1997 leases and informal arrangements: Tenancies established before 1997 — or those without proper documentation — are governed by the older Commercial Tenancy Law (for commercial properties) which provides significant tenant protections including compensation rights. Eviction under this framework requires court litigation and can take years.

The critical first step is determining which framework governs your specific tenancy before choosing a procedural approach.

How Does the Expedited Eviction Process Work for Post-1997 Leases?

For residential and commercial leases executed after 1997 on officially registered forms, the eviction process is relatively streamlined:

1. Your attorney files an eviction request (درخواست تخلیه) with the competent court or the Dispute Resolution Council (شورای حل اختلاف).
2. The court schedules a hearing. If the lease term has expired and the tenant's occupancy is without justification, the court issues an eviction order relatively quickly — often within 30–60 days.
3. The eviction order is sent to the court enforcement unit (اجرای احکام), which coordinates the physical removal of the tenant with police assistance if the tenant does not voluntarily vacate.

This process does not require the landlord to be present in Iran. Your attorney handles all court appearances and enforcement coordination under your power of attorney.

What Are Commercial Tenancy Rights (حق سرقفلی) and How Do They Affect Eviction?

Goodwill rights (حق سرقفلی — literally "key money" — also called حق کسب و پیشه under the older law) are significant legal protections for commercial tenants under pre-1997 law. A commercial tenant who established their business in your property before 1997 may have a legally protected right to remain in the property or receive substantial compensation before being required to vacate. This compensation is determined by the court based on the business's value, duration of occupancy, and market conditions.

These rights cannot be simply ignored. Courts will not grant eviction orders for pre-1997 commercial tenants without addressing them. The landlord must either negotiate a buyout of the goodwill right or proceed through court-determined compensation, which can be expensive. An experienced commercial property attorney should evaluate whether these rights exist in your specific case before any eviction proceedings are initiated.

What If There Is No Written Lease Agreement?

Informal tenancies without written documentation present the greatest challenge. Without a written lease, the court cannot apply the expedited post-1997 procedure. The landlord must instead pursue a full eviction lawsuit (دعوای تخلیه) alleging unauthorized occupancy. The tenant may claim they had a verbal agreement with a different time period, that they paid a deposit (ودیعه) which must be returned before they vacate, or that they have a right to occupancy through other means.

Courts will consider evidence of the parties' relationship, any payment records, and the history of occupancy. These cases can take 6–18 months to resolve. An interim injunction (دستور موقت) can sometimes be obtained to prevent the tenant from damaging or subletting the property during proceedings.

Can You Claim Compensation for the Period the Tenant Refused to Vacate?

Yes. If a tenant remained in the property after the lease expired or after an eviction order was issued, the landlord can claim usage compensation (اجرت‌المثل) — the fair market rental value for the period of unauthorized occupancy. This claim is filed alongside or following the eviction claim. Courts regularly award usage compensation against tenants who deliberately delayed their departure.