Wednesday, May 29, 2024
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How Do I Evict A Tenant In Dubai?

How Do I Get Rid of a Tenant in Dubai?

Renting out homes to live in is now very common among people who want to be flexible and lead a modern lifestyle. In Dubai, the Real Estate Regulatory Agency (RERA) has established laws and code of conduct that have helped regulate tenancy relationships between landlords and tenants. These regulations are aimed at ensuring equity for both parties obtaining rental agreements.

Nevertheless, due to soaring rates of house rent, some landlords can take advantage by raising rent or requiring eviction without any reason. Forbidding such practices, the Law No. (26) of 2007 amended by Law No. (33) of 2008 lists particular cases when the owner can give an eviction notice before a contract expires. Knowing these instances can help occupants avoid legal tussles and charges from the Tribunal

Grounds for Eviction in Dubai

Tenancy law in Dubai under RERA (Real Estate Regulatory Agency) provides for instances where a landlord may issue an eviction notice before expiry of tenancy agreement period. For this reason, tenants need to be familiar with their rights and obligations according to this Law. Below are few cases when landlords may issue an eviction notice for their rental property in Dubai:

Non-Payment of Rent: Should the tenant fail to pay his/her rent within 30 days from its due date, the landlord has right to give him/her an eviction notice. This notice should be written and must give thirty days’ prior warning from settlement date.

Substantial Breach of Tenancy Agreement: If important terms stated on lease agreement have been dishonored by a lessee such as using leased premises for unlawful purpose or causing serious damage, landlord can issue an eviction order. The notification should state clearly what was breached and gives lessee not less than thirty days time limit so that he/she rectifies it . Failure to do so will make the landlord evict them once completion of that set period.

Landlord’s Personal Use: Where an owner plans to utilize the premises for himself or any immediate family member, then he may serve tenant with a 12 months eviction notice. This notice must be written explaining the need to occupy the property.

Demolition or Reconstruction: Once a landlord wishes to bring down his building or conduct major repairs, they can give a 12 months eviction notice. In this case, such notification should elaborate on how and when demolition or reconstruction will take place to enable tenants vacate in time.

Misuse of rented property: In Dubai, if a tenant misuses the rented property by violating laws, regulations, or moral standards, the landlord has the right to provide an eviction notice. Tenants must adhere what’s listed in tenancy agreement and those under RERA (Real Estate Regulatory Agency). If not done so then lease can be nullified. Under these circumstances, landlords can issue an eviction notice requiring vacation of premises within thirty days.

Sub-Leasing of Property

Another situation where the landlord can issue an eviction notice to the tenant in Dubai is sub-leasing the property without obtaining the landlord’s approval. If a tenant rents out the same house to another person without prior consent, both the sub lessee and lessee could be evicted by the owner of property. Further, it may be possible for a sub-tenant to claim against a tenant for damages or losses incurred.

Eviction Notices: A Word Of Caution

Meanwhile, it should be noted that eviction notices must be served in writing and comply with relevant RERA statutory requirements. Moreover, if tenants believe that an eviction notice is not justifiable, they have right to apply against such notice at RDSC (Dubai Rental Dispute Settlement Center).

However, it’s advisable to consult RERA tenancy law or obtain legal advice so as to understand fully the specific provisions and requirements in Dubai.

Notice of Eviction in Dubai

For landlords in Dubai to serve their tenants with eviction notices after their tenancy contracts are over certain conditions must be fulfilled. The following are circumstances under which a landlord can give a tenancy eviction notice after contract ends:

Demolition/Reconstruction:

The decision was made by government agencies for demolitions or reconstructions required for development purposes within emirate; hence tenants may be asked by landlords under Section 43(2) (a) of Law No.26/2007 on this ground. A period will be given sufficient enough for residents’ exit before finalizing necessary changes.

Major Renovation/Maintenance:

When lease agreements expire after major renovation works that cannot go along with occupants living there, owners of these premises may deprive them from possession under any rental agreement. An official letter from DM containing all details about repairs listed above would justify why individuals renting accommodations need move somewhere else during construction period.

Landlord’s use of property for personal purposes

Dubai landlords can serve notices of eviction on tenants provided they intend to use the property personally or by their immediate family members. However, ownership of the newly possessed object for personal usage cannot be assigned to any other person within one year after it is taken back from renter. At the expiry of a lease agreement, landlords intending to evict tenants must give them notice at least 90 days prior.

Healthy Tenant-Landlord Relationship: A Key Ingredient for Mutually Advantageous Tenancy Agreement

Both parties must accept and comply with all conditions stipulated in the registered lease agreement (Ejari). Therefore, it is necessary that you have familiarized yourself with some specific rental issues such as your rights and obligations as a tenant since you rent a house in Dubai.

The Essential Guide When Evicting Your Tenant in Dubai

Therefore, before serving an eviction notice, it’s advisable to seek clarification from legal counsel. Notary Public Dubai provides expert help with legalization and attestation services locally and internationally as well. Our team comprises professionals knowledgeable about Dubai tenancy laws who will ensure that your eviction notice follows every legal requirement. Feel free to contact us if you need further assistance or are unsure how to proceed with eviction; we will provide professional services that can best assist you through this difficult time.

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