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اقرأ بالعربية

Baghdad landlord checklist: before and after the lease

A Baghdad landlord, or an owner who appoints a property manager, often asks what to arrange before handing over the keys and what to keep after the deposit. This is a landlord checklist supporting the real-estate page.

Othman Al-JubooriOthman Al-Juboori, Iraqi lawyer, expert in Iraqi labour law, Member of the Iraqi Bar AssociationIraqi lawyer, expert in Iraqi labour law

Page: real estate and property

A) Before advertising: title and authority

Registration Law No. 43 of 1971, Art. 3: a disposition is concluded only by registration.

  • Get a recent title extract showing the property number, district, area, owners and shares.
  • If the property is jointly owned, get written consent from the co-owners before a long lease or a wide management mandate.
  • If you appoint a manager, use a dated written authority that sets the limits for collection, maintenance and litigation.

B) On signing: form and deposit

Civil Code No. 40 of 1951, Art. 722, defines the lease. Rent Law No. 87 of 1979, as amended, Art. 7/4/A requires:

  • A written lease.
  • A copy deposited within 30 days of conclusion with the Real Estate Tax Department and the information office, or the police station if there is no office.
  • If the lease is not written or not deposited and a year or more passes, the tenant may prove the lease by all means of proof (Art. 7/4/B). Deposit protects the landlord as well.

C) Handover day

  • A dated key-handover note signed by both parties.
  • An inventory and initial meter readings, if any.
  • A copy of the tenant's ID, and of the signatory's authority if the tenant is a company.
  • The deposited lease copy in the unit file.

D) During the tenancy

  • A payment log showing the date, the amount and the method.
  • No sub-letting and no change of use without written consent. Both are grounds for eviction in Art. 17.
  • An early notice when payment is late, before any talk of eviction.
  • If you employ maintenance or management staff, follow Law 18/2023 on social security, and the work permit and the work fee paid once per foreign worker entering Iraq.

E) Before seeking eviction

A landlord may seek eviction of a property subject to the Rent Law only for the causes listed in Art. 17, including non-payment after the notary notice on the terms and periods the text sets, sub-letting or assignment, serious damage, a material change without written consent, and use contrary to the agreed purpose. Put the lease, proof of deposit and the notice in the file before any step.

F) Foreign investor housing

Investment Law No. 13 of 2006, as amended, Art. 10/Second allows an investor to own land and property for housing projects only, with conditions that include a no-disposal note, no speculation, and re-registration on default. This is not a general path for foreign ownership outside investment. The investing entity is registered separately: company registration.

We serve clients in Baghdad, the Kurdistan Region (Erbil, Sulaymaniyah and Duhok) and Basra from our Baghdad office.

About Al-Taswia Legal Services Company

Founded in 2018 in Baghdad; team of 15 lawyers. Lead specialty: Iraqi labour law. Also: civil law, banking law, criminal cases, company registration, investment, debt collection, real estate and property management, review of Iraqi legislation, and Arabic–English legal translation. We serve clients in Baghdad, the Kurdistan Region (Erbil, Sulaymaniyah and Duhok) and Basra from our Baghdad office. Office: Al-Yarmouk, Four Streets, next to Soya restaurant, Baghdad. Hours: Sat–Thu 5:00–9:00 PM. +964 771 100 2200 · · www.al-taswia.com

This article is general information, not legal advice.