How Do I Evict A Tenant In Dubai?
Renting a house has become a common practice for many people, driven by flexibility and lifestyle preferences. In Dubai, the Real Estate Regulatory Agency (RERA) has implemented laws and a code of conduct to regulate the relationship between tenants and landlords. These regulations aim to ensure fair treatment and protect the rights of both parties involved in rental agreements.
However, due to rising rental rates, some landlords may attempt to take advantage of the situation by increasing rent or demanding eviction without proper justification. To prevent such practices, Law No. (26) of 2007, amended by Law No. (33) of 2008 specifies certain cases where landlords can issue tenants an eviction notice before the contract expires. Familiarizing oneself with these cases can help tenants and landlords avoid legal complications and charges from the Tribunal
Grounds for Eviction in Dubai
The RERA (Real Estate Regulatory Agency) tenancy law in Dubai provides guidelines regarding eviction notices that landlords can issue before the end of a tenancy contract. Tenants need to be aware of their rights and obligations under this Law. Here are some cases in which landlords can give a tenancy eviction notice in Dubai:
- Non-Payment of Rent: If a tenant fails to pay the rent within 30 days from the due date, the landlord can issue an eviction notice. The notice should be in writing and provide the tenant with a minimum of 30 days to settle the outstanding rent.
- Substantial Breach of Tenancy Agreement: If the tenant violates significant terms of the tenancy agreement, such as using the property for illegal activities or causing substantial damage, the landlord can give an eviction notice. The notice should specify the breach and provide the tenant with a minimum of 30 days to rectify the situation. The landlord can proceed with eviction if the violation is not remedied within the given time.
- Landlord’s Personal Use: If the landlord intends to use the property for personal use or immediate family members, they can give a 12-month eviction notice to the tenant. The notice should be in writing and clearly state the landlord’s intention to occupy the property.
- Demolition or Reconstruction: If the property is scheduled for demolition or substantial reconstruction, the landlord can give a 12-month eviction notice to the tenant. The notice should specify the demolition or reconstruction plans and provide the tenant with sufficient time to vacate the premises.
- 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 comply with the terms and regulations stated in the tenancy contract and the laws set by RERA (Real Estate Regulatory Agency). Failure to fulfil these obligations may lead to the termination of the lease contract. In such cases, landlords can serve a notice of eviction, giving the tenant 30 days to vacate the premises.
- Sub-leasing of property: Sub-leasing the property without obtaining the landlord’s approval is another situation where a landlord can issue an eviction notice to the tenant in Dubai. If the lessee sub-lets the property to another party without prior consent, the landlord has the right to evict both the sub-tenant and the tenant. Additionally, the sub-tenant may have the right to claim compensation from the tenant for any damages or losses incurred.
It’s worth noting that eviction notices should be issued in writing and comply with the legal requirements set by RERA. Additionally, tenants have the right to challenge an eviction notice through the Dubai Rental Dispute Settlement Center (RDSC) if they believe it is unjustified.
While these cases provide an overview of situations where landlords can issue eviction notices, it’s advisable to consult the RERA tenancy law or seek legal advice to ensure a comprehensive understanding of the specific provisions and requirements in Dubai.
Eviction Notice to the Tenant in Dubai
After the expiration of a tenancy contract in Dubai, landlords cannot serve an eviction notice to tenants unless certain conditions are met. Here are the conditions under which a landlord can give a tenancy eviction notice after the contract ends:
- Demolition or Reconstruction:
If the government entity mandates the demolition or reconstruction of the property for the development of the Emirate, the landlord can issue an eviction notice to the tenant. The notice should specify the need for demolition or reconstruction and provide a reasonable period for the tenant to vacate the premises.
- Major Renovation or Maintenance:
If the property requires significant renovation or maintenance that cannot be effectively carried out while tenants reside there, the landlord can give an eviction notice after the lease contract expires. The landlord must provide a technical report from the Dubai Municipality outlining the necessary changes and justifying the need for the tenants to vacate.
- Use of Property by Landlord for personal use
Landlords in Dubai have the right to serve eviction notice to tenants if they intend to use the property for themselves or their immediate family. However, landlords cannot rent the property for one year after requesting possession for personal use. If landlords wish to evict tenants after the expiration of the tenancy contract, they must provide a notice to the tenants at least ninety days before the agreement ends.
Maintaining a healthy relationship between tenants and landlords is crucial for a mutually beneficial contract. Both parties must comply with the terms and conditions outlined in the registered lease agreement (Ejari). Therefore, if you rent a house in Dubai, you must familiarize yourself with all the relevant laws and regulations about the lease contract. It will enable you to understand your rights and obligations as a tenant.
When evicting a tenant in Dubai, navigating the legal process correctly is essential to avoid complications. That’s why seeking legal counsel is highly recommended before serving an eviction notice. At Notary Public Dubai, specialize in assisting with legalization and attestation services within and outside the UAE. team of experts is well-versed in the tenancy legislation of Dubai and can ensure that your eviction notice adheres to all legal requirements. If you have any questions or need assistance with eviction, don’t hesitate to contact professional services and guide you through the process smoothly and efficiently.