The Legal responsibility of the lessor about hidden defects in the leased premises at the Jordanian Civil law - A comparative Study

Abstract

The subject of this research revolves around the existence of the hidden defect in the wage and the penalty resulting from the Jordanian civil law, which is one of the most relevant subjects in our lives, where there is a lot of dealing between members of society, owners or tenants. The Jordanian legislator did not stipulate that the tenant should oblige the lessor to repair the defect by removing it or replacing the defective wage with the proper wage,   The Jordanian legislator does not differentiate between the lessor who knows the effect and the lessor who is not aware of it, and its effects on the amount of compensation for damage caused by the hidden defect in the rental. The criterion is that if the lessor is aware of the defect or not, and  the lessee is entitled to compensation for the damage caused by the defect In the leased and the amount of compensation includes all that the lessee's right of loss only. Also, the lessor who is aware of a defect informs the lessee that there is a defect at the time of signing the contract is not asked to compensate for the defects existing at the time of the lease , through the research, I reached to important results for the society as awhole,  so as to quarantee the rights of  tenants, especially that the Jordanian laws did not explicitly provide these solutions, which requires us to address the position of jurisprudence and the judiciary on this issue.       Therefore, this research is divided into three section, section one: specific performance. section two: cancelling the lease or the reduction of rent.section three: compensation.

Keywords : hidden defect. Owner and tenants. Lessee  obligation. Jordanian civil  law.