Order 29: Amendment To Law Of Estate Lease

Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA), under the laws and usages of war, and consistent with relevant U.N. Security Council resolutions, including Resolution 1483 (2003),

Noting that Law No. (56) of 2000 amended the Law of Estate Lease No. (87) of 1979 to give greater rights to residential landlords to terminate leases beginning in October of 2003,

Understanding that the current economic conditions created by the former regime limit the ability of many Iraqi people to pay rent in a timely manner or incur significant increases in rental rates,

Concerned that widespread eviction of tenants will have a destabilizing effect on the security and well-being of Iraqi citizens, Realizing that landlords can enforce rent collection through Iraqi courts, Desiring to balance the rights and obligations between landlords and tenants in a fair manner,

I hereby promulgate the following:

Article 15 of Law No. (56) of 2000, Amendment to the Law of Estate Lease No. (87) of 1979, is amended as follows:

(a) Article 15, Paragraph 2 is amended to provide that the right specified in Article 4, Paragraph 5 of the Law of Estate Lease to request an assessment of the property for the purpose of adjusting the rental rate shall not be exercisable before 16 October 2004.

(b) Article 15, Paragraph 3(A) (56) of 2000 is amended to provide that leases in existence for 12 or more years shall not be terminated, at the instance of the landlord, in the absence of other reasons authorized by law, before 16 October 2004.

1) The remedy of eviction under Article 17, Paragraph 1 of the Law of Estate Lease, as amended by Article 10 of Law No. (56) of 2000, allowing landlords to evict tenants who fail to pay rent when due, is suspended for failures to pay the rent due for any period during the months of April to December 2003 inclusive.

2) Tenants remain obligated to pay rent as it becomes due. Tenants who fail to pay rent when due violate their contractual obligations. These obligations may be enforced by recourse to the courts for the collection of sltch debts

This Order shall enter into force on the date of signature.

CP A/ORD/7 September 2003/29 2 L. Paul Bremer, Administrator Coalition Provisional Authority