A Tenant Who 'Systematically Delays' Payment Of Rent

In general

It is often the case that a statutory tenant (the 'tenant') abuses their protection provided under the Rent Control Law Act of 1983 (23/1983) (the 'Law'), in order to avoid payment of the rent. What eventually happens is that the tenant is served with the necessary demand notice, which he often disregards, and after a period of 21 days, as required by the Law, the owner proceeds with the submission of an application for eviction.

Systemic delay

However, the Law provides under the second proviso of Article 11 (1) (a) that no order for eviction will be made provided that the tenant proceeds with payment of the full amount within 14 days from the service of the application unless the tenant does not systematically pay the rent throughout the tenancy period. The true spirit and purpose of the Law is to compensate the relative positioning of the parties i.e. the favourable position of an owner in juxtaposition to the weak position of the tenant. The Law