A notarized eviction notice in Dubai is a legally binding document that a landlord provides to a tenant when they wish to evict the tenant for any valid reason. The eviction notice requires strict adherence to Dubai’s tenancy laws, such as Law No. 26 of 2007 or Law No. 33 of 2008. To be enforceable, the notice must be served through a Notary Public or by registered mail.
Here is all that you need to know about issuing or receiving a notarized eviction notice in Dubai, UAE.
What is a Notarized Eviction Notice in UAE?
A notarized eviction notice in the UAE is a formal legal document served to a tenant by a landlord informing the tenant of the intent to terminate tenancy and to vacate the leased premises. In Dubai, an eviction notice must be either notarized by a public notary or served via registered mail to be considered valid.
This procedure serves to protect both parties—the landlord and the tenant—under UAE law so that the eviction can be done fairly and transparently.
Legal Basis for Eviction in Dubai
In Dubai, the eviction process is governed by Law No. (26) of 2007, which regulates the relationship between landlords and tenants in the Emirate, and its amendment Law No. (33) of 2008.
The laws provide details under which a landlord may lawfully evict a tenant, the procedural steps to follow, and the rights of both parties concerned. The main authority in the handling of eviction disputes is the Dubai Rental Disputes Centre (RDC).
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Evicting Before Expiry of Tenancy Contract:
According to Article 25(1) of Law No. (26) of 2007 (as amended by Law No. (33) of 2008), a landlord may seek eviction of a tenant even before the expiry of the lease term under certain conditions. These include:
- Non-Payment of Rent: When the tenant fails to pay the Rent or any part thereof within thirty (30) days of issuing a written notice by the landlord demanding payment.
- Unauthorized Subletting: If the tenant lets out the property or part thereof without the written consent of the landlord, the eviction applies to both the tenant and sub-tenant.
- Illegal or Immoral Use: If the tenant uses the property for any unlawful activities or permits any unlawful activity to be carried out by others, against the order to public order or good morals.
- Abandonment of Business Premises: where the leased Real Property is used as business premises and the Tenant leaves it unoccupied without a valid reason for a period of thirty (30) consecutive days or ninety (90) non-consecutive days in a year.
- Damage or Unsafe Alterations: If the tenant, without proper regard to the safety of the property, carries out alterations that seriously damage the property.
- Misuse of Property: When the tenant uses the property for a different purpose as defined in the agreement or in a way that violates statutory planning, construction, or land use regulations in Dubai.
- Structural Risk or Likely Collapse: If the premises are proved to be at risk of collapse, by a technical report that is issued or certified by the Dubai Municipality.
- Breaching Obligations: In the case of the tenant failing to meet the obligations as prescribed (by law or lease contract) within a period of 30 days after being notified in writing by the landlord.
- Government Order for Demolition or Reconstruction: In the event a competent government authority orders that the property must be demolished or reconstructed, the landlord may also take action for eviction.
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Eviction After the Expiry of the Tenancy Contract
Under Article 25(2) of the same law, upon expiry of the Lease Contract, the Landlord may seek eviction of the Tenant from the lease property only if:
- Demolition or Reconstruction: The landlord seeks to demolish and reconstruct it or to add any new structures, provided that the owner obtains the required permits from the competent entities.
- Major Renovation or Maintenance: If the property requires a major renovation that cannot be done while the tenant is there, the tenant can be evicted, upon verification by a technical report issued or certified by the Dubai Municipality.
- Personal Use by Landlord or Next of Kin: the landlord wishes to retake possession of the lease Property for his own use or for use by any of his first-degree relatives.
- Property Sale: The landlord wishes to sell the property.
Eviction Notice Period Requirements
- For pre-expiry evictions under Article 25(1), typically require a 30-day notice for grounds like non-payment or breach, but immediate action may be allowed for severe violations (e.g., illegal use or structural risk).
- Under Article 25(2), the Landlord must notify the Tenant of the eviction reasons at least twelve (12) months before the date of eviction. Such notice must:
- Be in written form.
- Clearly stipulates the reason for eviction.
- Be sent through registered mail or a notary public.
If all the above criteria are not met, even if the reason is genuine, the eviction is invalid for lack of proper notice.
How to Notarize an Eviction Notice in Dubai
- Draft the notice: The notice should clearly state the particulars of the landlord and tenant, the address of the property, legal reasons for eviction, notice period (12 months for post-expiry evictions or 30 days for certain pre-expiry grounds), and referencing Dubai Law No. 26 of 2007 (amended by Law No. 33 of 2008).
- Attach the Documents: The Ejari certificate, tenancy contract, landlord’s ID/passport, and any proof of violation must be attached.
- Visit the Notary Public: Submit the eviction notice and attached documents to a licensed notary (Dubai Courts or private notary), who will stamp the notice after their review.
- Serve the notice: The notarized eviction notice should be delivered to the tenant either by registered mail or dispatched by a Notary public.
- Keep Records: Keep the notarized copy and delivery proof for legal use at the Rental Dispute Center if needed.
How HHS Lawyers Can Help
At HHS Lawyers, our property lawyers specialize in landlord-tenant disputes and property law. Here’s how they can assist:
- Draft and notarization of eviction notices in compliance with UAE laws.
- Assisting with documentation and compliance for eviction disputes.
- Representation of landlords or tenants in proceedings in the Rental Dispute Settlement Center.
- Provide counsel on valid eviction grounds, notice periods, and documentation.
- Avoiding legal pitfalls that can delay or invalidate the eviction process.
Whether you are a landlord wanting to evict a tenant or a tenant facing eviction, HHS Lawyers are available to protect and professionally handle the case.
