Explanation of Article 411
The article addresses the provisions regarding the deficiency or surplus of rental units compared to what is mentioned in the contract. The first paragraph states that if a lease contract is concluded for a specific item and the number of its units and the total rent amount are specified in the contract without specifying the rent for each unit, and it later becomes clear that the units mentioned in the contract are more or less than they actually are, the rent is determined by what is specified in the contract. This is because, since the rent for each unit is not mentioned, the number of units is considered a description rather than a fundamental element. The principle is that a description does not correspond to any part of the rent amount. Therefore, the lessee is obliged to pay the specified rent without increase or decrease, with the right to request annulment if the units are fewer, as the lessee might have an interest in the number of units. If it turns out to be less, their purpose might be thwarted, thus granting them the right to annulment.
For example, if the owner of an exhibition leases a specific plot of land in the exhibition to someone to display their products, stating that its area is one hundred square meters for a total rent of ten thousand riyals, and it turns out that its area is less or more than that, the lessee is obliged to pay the specified rent without increase or decrease, with the right to request annulment in case of deficiency.
The second paragraph states that if the rent is specified for each unit separately and it becomes clear that the number of units is more or less than specified in the contract, the lessee is obliged, in case of surplus, to pay the specified rent for the additional units, and the lessor is obliged to reduce the specified rent for the deficient units. This is because when the rent for each unit is specified, the number of units is considered a fundamental element in the contract, not a description, and the principle is that it corresponds to the rent. Therefore, if the rented units increase, the lessee must complete the rent according to the increase, and if the rented units decrease, the lessor must reduce the rent according to the decrease, with the lessee having the right to request annulment in both cases of deficiency and surplus. This is because when the rent for each unit is specified, the number of units is considered significant to the lessee, and thus their purpose might be thwarted by the increase or decrease, granting them the right to request annulment whether the units are more or less.
For example, if a person leases a warehouse to another for storing their goods, stating that its area is one hundred square meters and the rent is one hundred riyals per square meter, and it turns out that the warehouse area is more or less than that, the lessee is obliged, in case of surplus, to pay one hundred riyals for each square meter, and the lessor is obliged to reduce one hundred riyals for each square meter in case of deficiency, with the lessee having the right to request annulment in both cases.
After the first and second paragraphs established the lessee's right to request annulment according to the detailed explanation, the third paragraph restricts this right by stating that the lessee does not have the right to request annulment if the deficiency or surplus is minor and does not affect the intended benefit. This ruling is merely an application of the general rule in judicial annulment established in Article (107).
Related To
Article 411
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If the lease contract is concluded for a specific thing that comprises multiple units and the rent is for the total units without specifying the rent for each unit, and it is found that the number of units is more or less than the number stated in the contract, the rent shall be as specified in the contract without any increase or decrease. In the event that the number of units is less than the units stated in the contract, the lessee may demand termination of the contract.
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If the rent of each unit is specified in the contract and the actual number of units does not match the number stated in the contract, the lessee shall, in the case of extra units, pay the rent specified for such units, and the lessor shall, in the case of missing units, reduce the rent for such units. The lessee may, in either case, demand termination of the contract.
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If the decrease or increase in the number of units is insignificant and has no effect on the intended usufruct, the lessee may not demand termination of the contract.