Background

Landlords filed a case against two tenants requesting that the court order the tenants to vacate a rented flat. The landlords stated that the tenants had travelled abroad and leased the flat to other tenants without the landlords' approval.

The court ruled that the tenants vacate the flat.

The tenants appealed and the appeal court upheld the ruling.

The tenants appealed by cassation.

Decision

Before the cassation court, the tenants argued that that the ruling had erred in the application of law as the court had established its ruling based on the argument that Article 40 of Egypt Law No. 49/1997 was unconstitutional, despite them maintaining before the court that the previous landlord had permitted subletting, and the current landlord should therefore follow the previous one.