The United Arab Emirates has had significant expansion and development over the past few years, notably in the real estate sector. In Dubai and the United Arab Emirates, the real estate market is expanding, and this pattern is expected to hold steady for the foreseeable future. If you are or are considering becoming a landlord in the UAE, you may have heard conflicting news about giving notice of eviction of a property to a tenant by the Landlord. You have arrived at the appropriate place if you need to be updated.
Here is a more detailed explanation of the laws in the UAE that govern giving a tenant notice to leave a rental property.
Eviction of Tenant by Landlord in the UAE- Legal Provisions
Even if the landlord is the Property’s owner, renters in the UAE still have the same rights as they would anywhere else, and landlords are not allowed to abruptly ask for a tenant’s eviction for no apparent reason. The most frequent reasons landlords give for requesting tenants to vacate are usually so they may either sell the Property or regain it for their use.
The Law Governing Relationship between Landlords and Tenants in the Emirate of Dubai, Article 25(2), lists the grounds for requesting the removal of a tenant.
According to Law No. 26 of 2007, as modified by Law No. 33 of 2008, Article 25(2) states that “Upon expiry of the Tenancy Contract, the Landlord may request eviction of the Tenant from the Real Property only in any of the following cases:
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If the Property requires reconstruction
If the property owner chooses to collapse the building for rebuilding or if the owner desires to erect any new structures that would prevent the Tenant from utilizing the space, provided that the necessary licenses are acquired from the relevant authorities.
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If the Property requires maintenance work
When the Property needs extensive repair or restoration work that cannot be done with the renter present, provided that the state of the Property is confirmed by a technical report issued or attested by Dubai Municipality.
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If the Property is to be owed for personal use
If the landlord of the Property wants to take possession of it for their personal use or the use of any of their first-degree relatives, provided the owner can show they do not already own another property suitable for such use; or
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If the Property is to be sold
If the leased Property’s owner wants to sell it.
You should read: How to resolve Rental Disputes: What’s the Best Way to Pay?
Essential Conditions
Landlord to give 12 months’ notice of eviction to the Tenant
Following Article 25(2), a landlord must provide the Tenant with written notice of the grounds for the eviction 12 months before the date of the eviction. Provided that the notice is sent by registered mail or a Notary Public.
In other words, a Landlord may not give notice to a Tenant orally or by simple text message that they have 12 months to vacate the Property. The written eviction notice must be handed out in person, via notary public, or through registered mail. If there is a dispute, the landlord must show proof that the notice was served correctly and following the law and that the tenant received it.
Landlord not to rent the Property for at least two years in case of his personal use of Property
Article (26) of the same law state that:
Under subparagraph (c) of paragraph (2) of Article (25) of this Law:
If the Tribunal grants the landlord possession of the Property for his or her personal use or use by any of his or her first-degree relatives. In that case, the landlord is not permitted to rent the Property to a third party for at least two (2) years from the date of the Landlord’s possession of the Property in the case of residential Property and three (3) years in the case of nonresidential Property, respectively. In any other case, the Tenant may ask the Tribunal to provide him or her with a fair settlement.
Is it required to give a renter a 12-month legal notice through a notary if one wishes to evict him or her?
To evict a renter, a landlord must have good cause. The cause of the eviction determines the length of the notice period.
Three general conditions must be met to evict a renter:
- One, a landlord has the right to evict a tenant for violating the terms of the lease agreement or the law. For instance, if a tenant fails to pay rent or engages in illegal activity on the Property, the landlord has the right to evict them. In this scenario, the landlord must first deliver a 30-day notice to the Tenant by a notary public. The notification should outline the alleged breach and give the renter 30 days to address the issue. The landlord has the right to ask the RDSC for an eviction order if the Tenant doesn’t fix the breach within 30 days.
- A landlord may evict a renter for two more reasons: when the owner wants to sell the Property or when he plans to move in.
In either of above mentioned two circumstances, however, the landlord can only demand the Tenant be evicted when the lease period has passed, and the required notice of eviction has been given. The notice period must be provided by a notary public and given a year in advance.
You should read more about – What are the rules in the UAE for a Tenant’s Notice to Vacate?
What option is available to Tenant if the Landlord has filed no proper notice of eviction?
If the tenant believes the owner is not lawfully serving a notice of eviction, they can claim with the Rental Dispute Center (RDC). In case the renter is found to have prevailed, they may request up to a year’s worth of compensation.
How may HHS Lawyers and Legal Consultants assist you?
In various real estate situations, our property lawyers in Dubai are devoted to providing wise counsel. They are well-versed in the many local real estate rules that apply to different properties, including residential, commercial, non-commercial, etc. If you wish to purchase, sell, or rent a property in Dubai, we can also assist with preparing contracts that are in your best interest.
For more information related to the Eviction of Tenant by Landlord in the UAE, please don’t hesitate to contact our property lawyers in Dubai.
Reference:
https://rdc.dubailand.gov.ae/Assets/img/Real_Estate_Legislation_en.pdf
https://gulfnews.com/uae/ask-the-law-tenant-is-refusing-to-vacate-my-villa-in-uae-what-action-can-i-take-1.83250099
