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Termination of tenancy contract (by landlord)

The tenancy law in UAE governs the termination of the contract by the landlord. It addresses everything about eviction and obligations of the landlord.  It essentially includes the tenants who do not fulfill a tenancy obligation or situations might arise which force the landlord to terminate the contract for breach of contract. So, it is very important to understand the procedures and reason for termination of tenancy contracts by the landlord.

The contents tenancy contracts

A tenancy contract starts at the moment the landlord and the tenant agree to form a contractual relationship between each other.

The tenancy contracts mostly include:

  • The period of tenancy: There is no prescribed period in the tenancy contract, it is up to the landlord and the tenant set the duration of tenancy contract
  • Minimum of rent: A rent price, within the range of the Rent Index
  • Condition of property: Whether the property is furnished or unfurnished
  • Payment terms: standard payment is depending on the preference of the landlord

Reasons for terminating a tenancy contract

A tenancy contract may be terminated by the landlord for two reasons mentioned below

Before the expiry of tenancy contract

The landlord may demand eviction of a tenant before the expiry of tenancy contract in the following cases:

Failure to pay rent:

If the tenant fails to pay the rant of part of rent even after the notification of payment from the landlord. The landlord may demand the termination of the contract.

Subleasing of property

if the tenant subleases the property or a part of the property without approval of the landlord such case eviction shall be applicable to the tenant

Causing changes to the property

  • If a tenant causes changes to the property in a way that endanger the safety of the property in a way that it cannot be restored to its original condition or
  • Causing damage to the property intentionally or due to negligence to take proper precautions of the property.
  • Allowing others to cause such damage.

Illegal use.

If the tenant uses or allows others to use the property for illegal use.

Property in danger:

If the property is in the danger of collapse, provided the landlord must provide such a technical report from the relevant authority

If development authorities in the Emirate require demolition and reconstruction of the property in accordance with law’, for this purpose, the landlord must notify the tenant through by registered mail for eviction.

Upon expiry of tenancy contract

A landlord may demand eviction of tenant upon expiry of tenancy contract in the following cases (but not limited to)

Demolishing property: if the owner wishes to demolish the property for reconstruction or add new constructions for obtaining the benefit from the leased property, provide that necessary license has obtained.

Maintenance: If the property requires renovation or maintenance which cannot be executed while the tenant is occupying the property.

personal use. If the landlord wants to recover the property for his personal use

Sale of property: If the landlord wishes to sell the leased property.

Reliefs claimed by the landlord

Some reliefs claimed by the landlord are as follows:

  • A landlord may claim monetary compensation for any damage occurred to the property on behalf of the tenant.
  • Claim compensation for repairs and maintenance of property
  • claim replacement for movable property

Before getting into a tenancy contract seek expert advice from a property lawyer. HHS lawyers and legal consultants can help guide you in termination of tenancy contracts. We can navigate you through the legal process and can deliver you quality results. Contact us for further consultation

 

Hassan Humaid Al Suwaidi., LL.B. is a Senior Partner in HHS Lawyers. He has 20 years of experience dealing with high-value and complex cases. Frequently featured in local and international legal directories and commended for his ability to attain favorable outcomes for clients, Hassan has been involved in some of the largest legal settlements. A major part of his work is providing expert legal advice on UAE legislation and acting for individuals and businesses during disputes and litigation. Read more