Your lease must be ended before your Landlord may evict you. Usually, this entails providing you with sufficient written Notice in a way that conforms to state law. The Landlord has the right to sue you for eviction if you don't vacate the property or resolve (or "cure") the issue that led to the Notice. To prevail, the Landlord must demonstrate that you did something wrong that warrants terminating the lease. State regulations provide certain conditions landlords must meet to terminate a lease. Each state has its rules on the format of termination notices and the delivery of eviction documents to the Tenant. Landlords must strictly adhere to state laws and regulations, or their lawsuit may be dismissed.
A notary public must complete the notarized eviction notice. The cause for the eviction is indicated on the document, which is printed in both English and Arabic. The issuing offices must also stamped it.
What Is an Eviction Notice?
A legal notice, often known as an eviction notice, may be sent by a landlord to a tenant asking them to vacate an apartment or business. Before it may be legally delivered to the Tenant by a notary public or sent by registered mail, the eviction notice must adhere to a specific format and be notarized. Only the legitimate grounds specified in Dubai's tenancy laws may be utilized to serve an eviction notice. Any eviction notice issued in violation of the tenancy laws is void.
You should know : Eviction of Tenant by Landlord in the UAE: What are the Grounds?
When may a landlord issue a notice of eviction to a tenant?
A landlord has the right to sue their tenants and ask for their eviction under Law No. 33 of 2008 (Amending Law No. 26 of 2007) Governing the Relationship between Landlords and Tenants in the Emirate of Dubai (Tenancy Law). It is possible for several legal reasons. The legislation permits two distinct forms of evictions:
- The Landlord may pursue eviction if a tenant breaks the terms of the contract or the Law before the tenancy time is over;
- Even if the Tenant has not broken any laws or the provisions of the leasing agreement, the Landlord may demand the renter be evicted for legitimate grounds after the tenancy agreement expires.
1. If a tenant violates a lease agreement or tenancy legislation, the Tenant may be given an eviction notice:
There are several infractions for which the Landlord may request the Tenant be evicted before the contract's expiry, as stated in Article 25(1) of Law No. 33 of 2008, which regulates the relationship between landlords and tenants in Dubai:
The Landlord may seek eviction of the Tenant from the Real Property before the expiry of the term of the Tenancy only in the following cases:
- where the Tenant fails to pay the Rent or any part thereof within thirty (30) days after the date a Notice to pay is given to the Tenant by the Landlord unless otherwise agreed by the parties;
- Where the Tenant sub-lets the Real Property or any part thereof without obtaining the Landlord's approval in writing. In this case, the eviction will apply to both the Tenant and Sub-Tenant.
- Where the Tenant uses the Real Property or allows others to use it for any illegal purpose or for a purpose which breaches public order or morals;
- Where the Tenant of commercial Real Property leaves the Real Property unoccupied for no valid reason for thirty (30) consecutive days or ninety (90) non-consecutive days within the same year unless agreed otherwise by both parties;
- Where the Tenant makes a change to the Real Property that renders it unsafe in a manner that makes it impossible to restore the Real Property to its original state or damages the Real Property willfully or through gross negligence by failing to exercise due diligence, or by allowing others to cause such damage;
- Where the Tenant uses the Real Property for a purpose other than that for which the Real Property was leased or used the Real Property in a manner that violates planning, construction, and use-of-land regulations in force in the Emirate;
- Where the Real Property is condemned, provided that the Landlord must prove this by a technical report issued by or attested to by Dubai Municipality;
- If the Tenant fails to observe any obligation imposed on him by the Law or any of the terms of the Tenancy Contract within thirty (30) days from the date a Notice to perform a such obligation or term is served upon him by Landlord; or
- Where competent Government entities require demolition or reconstruction of the Real Property as per urban development requirements in the Emirate.
The Landlord will notify the Tenant through a Notary Public or registered post.
You may want to know: Circumstances under which notice of Eviction can be given- Dubai Land Department
2. After the rent contract expires, an eviction notice is given
- If the property's owner wants to construct something new, destroy the old one, or both
- If the rental home needs major renovations or alterations that can't be done while the Tenant is still staying there,
- It might be utilized by the property owner or his close family members if they try to retrieve it.
- The Landlord must notify the Tenant of the impending eviction at least 12 months before the scheduled eviction date, provided that the Notice is made via a Notary Public or registered mail.
Eviction Notice in the UAE : Next Steps
For an eviction notice to be upheld in court, it must be in writing and given precisely.
The first step is drafting
As the first stage in this process, the Landlord must record it before a notary public. Since there are specific rules that must be followed, it is advisable to have a property lawyer prepare the Tenant's eviction notice.
A Notary Public notifies a tenant that they are being evicted
An official-looking document has been notarized. The Tenant must first provide the following documentation:
- Arabic is often used in the Ejari papers, the Rent contract, and the two parties mentioned here—the land owner and the Tenant—but English or Arabic may also be used (Tenant).
- The leased property's location and the reason for not renewing the lease for a specific period are recognized.
- In addition to the required 12-month notice term, a provision is highlighted that the Tenant will be answerable for compensation for all losses if they delay leaving the property after the notice period has expired.
Sending a renter an eviction notice by registered mail or postal courier service
The eviction notice will be given to the Tenant via a registered post or courier service or a notary public, among other means. Registered mail is a term used often for a postal courier. Since a signature is required at the delivery end, the recipient would not claim to say they never received the document.
Don't hesitate to contact our property lawyers at HHS Lawyers and Legal Consultants for more information on the Eviction Notice notarized.