Circumstances under which notice of Eviction can be given- Dubai Land Department

The Dubai Land Department (DLD) has alerted tenants that if your landlord asks you to evacuate the premises for substantial maintenance work or destruction, they must give you a 12 Month notice of Eviction. According to Dubai Land Department’s official social media platforms, the landlord can ask a tenant to quit a rented property if:

• Maintenance or restoration work is so substantial that it would be impossible to complete while the tenant is still present.
• In the same way, the landlord might ask residents to leave if the building has to be demolished. In both circumstances, they must present a technical report from the appropriate authorities, such as the Dubai Municipality or a government department, and notify the tenants via a Notary Public notice.

A 12-month notice should be provided to the tenant in both circumstances.

Legal Provision

The provisions of Law No. 26 of 2007 Regulating the Relationship Between Landlords and Tenants in the Emirate of Dubai (the ‘Dubai Tenancy Law’) and Law No. 33 of 2008 Amending Law No. 26 of 2007 Regulating the Relationship Between Landlords and Tenants in the Emirate of Dubai (the ‘Amended Dubai Tenancy Law’) apply to the relationship between Landlord and Tenant.

A rental agreement between a property owner and a tenant must be registered with the Dubai Land Department (the ‘Ejari Registration’) in Dubai. It complies with Article 4(2) of the Amended Dubai Tenancy Law, which states: “All Rent Contracts about Real Property controlled by the provisions of this Law, including any revisions thereto, should be registered with RERA.”

1. Eviction as a result of restoration or regular maintenance

According to Dubai Land Department, if the property is in a state that necessitates repair or comprehensive maintenance that cannot be completed while the tenant is there, the landlord may request eviction. Provided that a technical report produced by or certified by the Dubai Municipality verifies the property’s condition.

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Conditions that must be met to file an eviction claim include:

• A technical report produced by or attested to the Dubai Municipality verifies the property’s condition.
• The landlord will notify the tenant of the need for eviction through Notary Public or registered mail, along with the cause for the removal.
• The landlord must provide the renter with a 12-month notice period once the notification is sent.

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Eviction as a result of demolition

These are cases in which the property owner desires to demolish the property to rebuild it or add any new buildings that would prevent the renter from utilizing the property, as long as the necessary licenses are secured from the appropriate authorities.

Conditions that must be met to file an eviction claim include:

• Proof of getting the required government licenses.
• The landlord will notify the tenant of the need for eviction through Notary Public or registered mail, along with the cause for the removal.
• The landlord must provide the renter with a 12-month notice period once the notification is sent.

2. Evictions and The Dubai Tenancy Law

As per Article 25 of Law No. (26) of 2007, which was amended by Law No. (33) of 2008, the landlord has a right to remove the tenant ( before the contract) expires in the following circumstances:

• The tenant does not pay the rent within 30 days of receiving written notice from the landlord.
• Without the landlord’s formal consent, a tenant sublets the property.
• Tenant engages in or permits others to engage in immoral or unlawful behavior while on the premises.
• Tenant causes or permits others to create property damage or alterations that jeopardies the property’s safety.
• The property is being used for purposes different than those for which the tenant leased it.
• Within 30 days of receiving written notice from the landlord, the tenant fails to comply with any of the lease contract’s or Law’s provisions.
• In the case of commercial properties, a landlord may seek eviction if a tenant has closed his or her business for 30 consecutive or 90 non-consecutive days without providing any justification.
• If a government agency requires the destruction of a property for the emirate’s urban development.

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Eviction of Property upon Expiry of Tenancy Agreement

The landlord can also request eviction upon the expiry of tenancy contract if the following conditions are met:

• The landlord wants to renovate or destroy the property.
• The property requires extensive upkeep or renovation, which cannot be completed while the renter is there.
• The landlord wishes to sell the house.
• The landlord intends to utilize the property for his personal use or that of his first-degree relatives.

In such instances, the landlord must send a 12-month written notice to the opposite party through registered mail or public notary.

How HHS Eviction Property Lawyers will help you

The Dubai Tenancy Law explicitly define the rights of landlords and tenants to achieve a fair balance of power between the parties. It is apparent that landlords have the right to raise rents through a controlled procedure, and tenants have the option not to be removed only if there is a solid legal basis.

Both landlords and tenants should get familiar with Law No. 33 of 2008 (the Landlord and Tenant Law) to avoid paying unnecessary expenditures by submitting their disagreement to the RDC. It is always prudent to obtain the advice and help of a legal practitioner if either party is unsure about a specific provision of the Law.

Please don’t hesitate to contact our top property lawyer in Dubai for more information.

Reference:

https://gulfnews.com/living-in-uae/housing/12-month-notice-should-be-provided-for-eviction-in-these-cases–dubai-land-department-1.1642774961369