The United Arab Emirates has had tremendous growth and development, especially in the property sector, during the previous decade. The real estate industry in Dubai and the United Arab Emirates is flourishing, and this trend is expected to continue soon. With rental rates growing so fast and landlords eager to take advantage of this profitable period, an increase in new tenancy contracts are to be expected. For tenants, though, this is a costly time to relocate.
When tenants get a notice from their landlords, they often ask what the terms of the notice are and if there has been a contract violation. You may have seen conflicting information about giving the notice to the tenant to vacant the property in the UAE if you're a landlord or considering becoming one. You've come to the perfect spot if you need to brush up on your knowledge.
Here's a closer look at the laws for evicting a tenant in the UAE.
When is it permissible for a landlord to ask a tenant to vacate the premises?
Given that the landlord owns the property, tenants in the UAE have the same rights as tenants everywhere, and landlords cannot just order tenants to leave for no reason. Typically, landlords urge tenants to leave so that they can reuse their property for personal use or sell it.
12 Month Notice Period
Due to misinterpretation of the Tenant and Landlord Laws, you may come across contradicting comments regarding the notice period.
A Landlord may require a Tenant to vacant the property for various reasons, but this does not include the possibility of renting the property for a higher price. The most popular and legal motivations are to reclaim the property for personal use or to sell it.
- If an owner wishes to move into the property or permit direct family members to live there, the Tenant must be given a minimum of 12 month notice.
- If the owner wants to sell the property but wants to be able to sell it as vacant possession, he or she must give the Tenant at least 12 month notice.
In each of the above circumstances, a 12 month notice must be served appropriately in writing through notary public or via registered mail.
It will be necessary to establish that the Tenant received this notification and its contents in the case of a disagreement. Using a notary public is the safest and most recommended approach. A copy of the 12 month notice is filed with the courts, and an authorized Courier can hand-deliver it to the Tenant and acquire evidence of receipt.
You may want to know: Filing a Rental Dispute Complaint at the Dubai Rental Dispute Centre
How should this notice be given?
Contrary to popular belief, a landlord cannot simply send a text message to a tenant stating that they have 12 months to evacuate the property, nor may they do so orally. The notice must be given in writing, through registered mail, or by a notary public. If a disagreement arises, the landlord must demonstrate that the notice to the tenant was sent legitimately following the law and that the Tenant received it.
What is the best time to issue the notice to the tenant?
If the tenancy agreement does not contain any special stipulations, the landlord can give the Tenant a 12 month notice at any point during the tenancy. As previously said, the notice must be for a minimum of 12 months to make things more straightforward and transparent, and the notice must also clearly indicate the date by which the renter must quit the property.
Renewal of Contract
Suppose the landlord sends the notice to the Tenant within the last three months of the current rental agreement. In that case, he must legally give the Tenant the choice of extending the tenancy for another full year or evacuating on the new expiration date. If the Tenant does not get the notice before the existing lease expires in 90 days, the landlord has the right to request that the lease be renewed until the conclusion of the 12 month notice period.
Disputes that could arise
In a disagreement, the Landlord and Tenant can submit a complaint with the Rental Dispute Center. If the property was recovered for personal (family) use, proof of residency and the absence of other owned properties might be required to substantiate the claim during a formal hearing. Supporting documentation to confirm the owner's desire to sell the property in Dubai would be helpful.
Vacating a Tenant to sell the property after the delivery of this legal notification prevents the same owner from renting the property later. Current tenants may benefit from the notice being retracted or a fresh notice being issued with a longer duration. It will assist in minimizing periods of vacancy and income loss.
While it is hoped that no problems arise, lawsuits can be brought at the Rental Dispute Centre by either the Tenant or the landlord.
It's advisable to have as many documents and legal papers as possible in case of a dispute, including proof of plans for the future to live in or sell the home.
You should know: How Should You Handle Property Handover Delays in Dubai
How may HHS Lawyers in Dubai assist you?
Our law business provides the necessary support and advice on rental disputes by allowing well-experienced rental dispute attorneys in UAE to handle the issue, which is challenging to manage without the assistance of a legal adviser. To resolve the rental problems or disputes, land renters and landlords must clearly understand their duties and rights.
Our Dubai-based HHS property lawyer in Dubai can provide you with a thorough grasp of rent dispute rules and any loopholes that may be advantageous to your case. If you require immediate legal assistance, don't hesitate to contact us.