Terms and Conditions of Transfer of Lease Agreement to New Tenant in Iranian Jurisprudence and Law

The position of the contract that is obtained for the parties to the contract is transferable in some cases, so that one of the parties to the contract leaves his position to a third party and withdraws from the contract, which means that the transferee replaces the contracting party and has (enjoy) all the rights and obligations arising from the contract for the contracting party. One of the contracts in which the legislature has provided for the transfer of the contract is the lease. When the tenant transfers the lease to a non-tenant, the rights and obligations arising from the contract are transferred to the transferee (new tenant) and the new tenant replaced by the first tenant. Regarding the transfer of the contract; The Law on Landlord-Tenant Relations, enacted in 1997 (tenant and the landlord act Relations of 1376 in the Solar Hijri calendar), has a similar view in accordance with the Civil Code, but the Landlord-Tenant Relations Act, enacted in 1956 (1356 in the Solar Hijri calendar) has provisions considered by legislator which are contrary to the provisions of the Civil Code, in such a way that considers the transfer of a lease to a new tenant is subject to the stipulation of this right in the contract and the permission of the owner and the contractual silence is not permissible to do so. The jurists believe that if the tenant has not been explicitly permit to transfer or deliver the benefits to the tenant and we doubt whether the tenant can transfer the leased interest to a non-transferee, the fact that the condition for obtaining a benefit (executing an interest) has not been conditioned is seemingly that there is no argue for the permit of transfer. The most important effect of the transfer of the lease is the right of the replacement of transferee, in which case the rights and obligations of the original lease are granted to the new transferee. Therefore, two important effects of a lease contract are the transfer of rights and authority and the other are the obligations arising from the lease. The present article examines the conditions and the effects that this transfer has on the relationship between the landlord (lessor), the tenant and the new tenant, and considers this to be possible on the basis of the contractual position and considers an independent legal nature for it.