Kuwait Court of Cassation principle number 3259

Tacit renewal or extension of a lease subject to exceptional legislation. The legislature distinguished between them. Its implication. The tenant’s continued enjoyment of the leased premises with the landlord’s knowledge and without objection from the latter. Its meaning. It is a renewal - 639 - Lease of the previous lease on the same terms and for an unlimited period, and the provisions of Article 567 of the Civil Code apply to its renewal. - A stipulation in the lease that it shall not terminate until notice is given within a specified time. Its meaning. The lease terminates upon this notice being given within that time. Failure to give it within that time. Its effect. Extension of the original lease for another period, and this is not considered a renewal. - Notice to vacate by which a lease terminates under the Civil Code. Its nature. An expression of the will of one contracting party to terminate the lease; it must therefore include an unambiguous indication thereof and may take any form unless the parties stipulate a particular form or means for it. It need not include the reason for wishing to terminate. An example concerning tacit renewal of a lease for an indefinite period.