Family Members Are Renting My Iranian Property Without Permission

It is a scenario Salamat Legal encounters regularly: an Iranian living in the United States, Canada, or Europe realizes that a brother, sister, or cousin has been renting their property in Tehran — collecting monthly rent for months or years — without ever asking for permission. The property owner finds out by accident: a message from a neighbor, a social media post, or a chance conversation with a relative. The rental income, sometimes substantial, has been quietly pocketed by the unauthorized family member.

This is not a civil gray area. Iranian law is clear on unauthorized property rental, and remedies are available — but they require prompt action through proper legal channels.

Is It Legal for a Family Member to Rent Your Iranian Property Without Consent?

No. Under Article 475 of the Iranian Civil Code, a valid lease agreement (اجاره‌نامه) requires the consent of the property owner or a person legally authorized to act on the owner's behalf through a power of attorney. A family member who rents your property without either a valid POA or your explicit consent is acting as an unauthorized agent (فضولی) — a legal concept in Iranian contract law describing someone who acts on behalf of another without authority.

An unauthorized lease is not automatically void — it is "suspended" (غیرنافذ) pending the owner's ratification or rejection. You can reject it, in which case the lease becomes void and the tenant must vacate according to the court's order. You may also claim all rental income received by the unauthorized party as damages.

How Do You Prove the Rental Was Unauthorized?

Proving unauthorized rental requires establishing two elements: that the rental occurred, and that you did not consent to it. Evidence that supports your claim includes:

• Lease agreements signed by the family member as landlord, without your name or signature.
• Bank records showing rental income deposited into the family member's account, not yours.
• Tenant statements confirming they dealt only with the family member.
• Absence of any power of attorney authorizing the family member to lease the property on your behalf.
• Communications — WhatsApp messages, emails, letters — in which the family member discusses the rental arrangement without mentioning having your permission.

You do not need to prove that the family member acted with malicious intent. Unauthorized action alone is sufficient for a civil claim. If the family member misrepresented their authority to the tenant or forged documents, criminal fraud charges may also apply.

Can You Recover the Rental Income That Was Collected Without Your Permission?

Yes. Article 301 of the Iranian Civil Code establishes the principle of unjust enrichment (دارا شدن بلاجهت): a person who benefits at another's expense without legal justification must return that benefit. Applied to unauthorized rental, the family member who collected your rent without permission is required to return all collected income, plus applicable interest.

The civil claim is filed in the General Court (دادگاه عمومی حقوقی) having jurisdiction over the defendant's domicile or the property's location. Your attorney will calculate the total unauthorized income received based on evidence (lease agreements, bank records, or testimony) and request full restitution plus costs. If the family member cannot produce the funds, their personal assets may be subject to court-ordered seizure to satisfy the judgment.

What Happens to the Tenant Who Rented the Property in Good Faith?

An innocent tenant who genuinely believed the family member had authority to rent the property is in a difficult position — they signed a lease that is now legally void, but they may have nowhere to go immediately. Iranian courts treat good-faith tenants with some leniency: the tenant is generally entitled to a court-determined notice period (usually 1–3 months) to vacate, and they may have a separate claim against the family member who misled them.

Your financial claim for unauthorized rental income runs against the family member — not the tenant — so pursuing that claim does not require adversarial action against an innocent tenant. In most cases, once the tenant understands the true owner's position, a cooperative transition is possible without full litigation against the tenant.

How Do You Stop an Ongoing Unauthorized Rental?

If the unauthorized rental is ongoing, the most immediate step is for your Iranian attorney to send a formal cease and desist letter (اظهارنامه رسمی) to the family member, followed by a court application for an interim injunction (دستور موقت) preventing the family member from collecting further rent or entering into any new lease agreements for the property. The injunction application can be filed without the family member's advance notice (ex parte) if urgency is demonstrated.

Simultaneously, your attorney can notify the tenant directly that the landlord-family member had no authority, and begin the process of transitioning the tenancy properly — either by formalizing a new lease directly with you as the owner, or by proceeding toward a proper eviction if the property is needed.

What If the Property Is Co-Owned and One Co-Owner Is Renting It Out?

Joint ownership (مشاع) creates additional complexity. Under Article 582 of the Iranian Civil Code, a co-owner cannot rent shared property to a third party without the consent of all other co-owners. If a co-owner has done so, the unauthorized portion of the lease is voidable at the request of non-consenting co-owners. The legal remedy includes both annulment of the unauthorized lease and a claim for the proportionate share of rental income.

Joint ownership disputes often escalate quickly. Salamat Legal recommends addressing co-ownership rental disputes promptly, as extended unauthorized rentals can complicate eventual property partition or sale proceedings.