Liability for Minor Repairs of Leased Property in Iranian Law: A Comparative Study with English Law

Document Type : Academicm and Research

Authors

1 Assistant Professor, Department of Law, Faculty of Literature and Humanities, Lorestan University, Khorramabad, Lorestan, Iran.

2 Head of the Third Legal Branch of the Khorramabad General Court

10.22091/csiw.2025.12658.2646

Abstract

Lease agreements constitute a cornerstone of contractual arrangements, frequently giving rise to disputes concerning the apportionment of costs for minor repairs to leased premises. Article 486 of the Iranian Civil Code unequivocally mandates the lessor to ensure the leased property remains in a state fit for its intended use. Conversely, Article 20 of the Law on the Regulation of the Relationship between Lessor and Lessee (1977) assigns responsibility for minor repair expenditures to the lessee. Despite judicial precedents occasionally allocating these costs to the lessee based on the aforementioned Article 20, a palpable legal contradiction emerges, prompting inquiry into the lessee's actual legal obligation to bear such expenses. This article aims to determine the party accountable for minor repairs in lease contracts by clarifying the legal positions of both parties under the Civil Code and the 1977 Law. Employing a descriptive and analytical methodology, this study distinguishes between short-term and long-term lease arrangements. Furthermore, it meticulously examines the concept of minor repairs to precisely delineate each party's responsibilities under both the Civil Code and the 1977 Act. Ultimately, the article posits that in short-term leases, the lessee is generally considered responsible for minor repairs, whereas in long-term leases, this responsibility typically devolves upon the lessor.

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Comparative Studies on Islamic and Western Law

Articles in Press, Accepted Manuscript
Available Online from 12 August 2025

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