Kuwait Court of Cassation principle number 1856

Tacit renewal or extension of a lease not subject to exceptional legislation. The legislature distinguished between them. Consequence thereof. The tenant’s continued enjoyment of the leased property with the landlord’s knowledge and without objection from him. Its implication. It is a renewal of the previous lease on the same terms and for an indefinite period, and the provisions of Article 567 of the Civil Code apply to its renewal. - A stipulation in the lease that it does not terminate until notice is given within a specified time. Its implication. The lease terminates upon such notice being given within that time. Failure to give it within that time. Its effect. Extension of the original lease for another term, which is not considered a renewal. - Notice to vacate by which the lease terminates under the Civil Code. Its nature. An expression of the intention of one of the parties to the contract to terminate the lease. It must contain an unambiguous indication thereof and may take any form unless the parties stipulate a particular form or means for it. It is not required to contain the reason for wishing to terminate. Example concerning tacit renewal of a lease for an indefinite period. - 355 - Obligation - By set-off: