Eviction is a sensitive issue in the UAE, and tenants often worry about whether landlords can serve them eviction notices during their tenancy contracts.
Understanding the legal framework surrounding tenancy in the UAE is crucial, especially for tenants and landlords in cities like Dubai, where rental properties are in high demand. If you’re looking for properties for rent in Dubai, it’s important to be informed about your rights.
One of the most pressing concerns for tenants is whether a landlord can serve an eviction notice during a tenancy contract.
This question arises frequently due to misunderstandings about the rights and responsibilities of both parties under UAE law.
Understanding the legal framework is essential for both landlords and tenants to avoid unnecessary disputes.
Understanding the Tenancy Eviction Notice
An eviction notice is a formal letter from the landlord, asking the tenant to vacate the property. However, this notice isn’t simply a request; it must follow strict guidelines set out by the Dubai Tenancy Law (Law No. 33 of 2008, amending Law No. 26 of 2007).
An eviction notice must be legally formatted, notarized by a Notary Public, and delivered via registered mail or a certified courier service. Without these steps, the eviction notice is invalid and unenforceable.
Legal Grounds for Eviction
A landlord in Dubai can only serve an eviction notice under specific legal conditions. There are two main situations in which a landlord is entitled to evict a tenant:
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Breach of the lease agreement or tenancy law.
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Eviction at the end of the tenancy period for lawful reasons.
For example, if a tenant fails to pay rent, sublets the property without permission, or uses the property for illegal activities, the landlord can issue an eviction notice during the tenancy.
However, for reasons like personal use of the property or redevelopment, the landlord must wait until the tenancy period ends.
Eviction During the Tenancy Period
According to Article 25(1) of Law No. 33 of 2008, a landlord has the right to serve an eviction notice before the contract expires if the tenant violates the agreement or tenancy laws. Some common violations include:
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Non-payment of rent: If the tenant doesn’t pay rent within 30 days of being notified by the landlord, the landlord can seek eviction.
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Unauthorized subletting: Tenants who sublet the entire property or part of it without written permission from the landlord can be evicted.
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Improper use of the property: If the tenant uses the property for immoral or illegal activities or alters it in ways that make it unsafe, eviction is allowed.
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Abandoning the property: If a tenant leaves a commercial property unoccupied for 30 consecutive days or 90 non-consecutive days, the landlord can ask for eviction.
In all these cases, the landlord must first serve a formal notice to the tenant, giving them a 30-day period to rectify the violation.
If the tenant does not comply, the landlord can then proceed with legal action. The notice must be delivered either through a Notary Public or registered mail to be legally binding.
Eviction at the End of the Tenancy Contract
Even if the tenant complies with the terms of the agreement and doesn’t break the law, the landlord can still request eviction after the tenancy contract expires, but only for specific reasons. These include:
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Property demolition or redevelopment: If the landlord plans to demolish the property or significantly redevelop it, they can serve an eviction notice.
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Major repairs: If the property needs extensive repairs that can’t be carried out while the tenant is still living there, the landlord can issue an eviction notice.
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Personal or family use: The landlord or their first-degree relatives (parents, children) may want to use the property. In such cases, the landlord is entitled to serve an eviction notice.
In all these scenarios, the landlord must provide the tenant with 12 months’ notice before the eviction date. This notice must be sent through a notary public or registered mail.
The Process of Issuing an Eviction Notice
There are several important steps a landlord must follow to issue a valid eviction notice. These steps ensure that the process is legal and can be enforced by the authorities:
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Drafting the Notice: The first step is drafting the eviction notice correctly. Landlords are advised to work with a UAE-based lawyer to ensure the letter complies with legal standards. The notice should include details like the lease agreement, the property’s location, the parties involved, and the reason for eviction. The notice should also mention any compensation the tenant may owe if they fail to vacate the property within the specified time.
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Notarization: After drafting, the notice must be notarized by a Notary Public. Notarization formalizes the eviction notice, making it legally binding. The landlord must provide relevant documents such as the lease agreement, Ejari certificate, and proof of tenancy violations, if applicable.
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Serving the Notice: Once notarized, the eviction notice must be delivered to the tenant via registered mail or postal courier service. This ensures that there is a formal record of the notice being delivered. Registered mail requires a signature upon delivery, so the tenant cannot claim they never received the notice.
Tenant Rights and Dispute Resolution
While landlords have the right to serve eviction notices, tenants are not without protection. If a tenant feels that the eviction notice is unfair or invalid, they can file a dispute with the Rental Dispute Settlement Centre (RDSC) in Dubai.
The RDSC handles disagreements between landlords and tenants and ensures that both parties adhere to tenancy laws.
Tenants also have the right to request more information about eviction, and in some cases, they may be able to negotiate an extension of the tenancy.
For instance, if the property is being redeveloped, the landlord might be open to postponing the eviction if both parties reach an agreement. However, these negotiations must be formalized in writing to ensure legal protection for both parties.
Serving an eviction notice during a tenancy contract in the UAE is a regulated process that protects both the landlord and tenant’s rights.
Landlords must have a valid legal reason for eviction, whether due to breaches of contract or the need for the property’s redevelopment or personal use.
They must also follow strict guidelines for drafting, notarizing, and delivering the eviction notice to make it legally binding.
Tenants, on the other hand, should be aware of their rights and the steps they can take if they feel an eviction notice is unjust.
The Rental Dispute Settlement Centre provides a platform for tenants to challenge unfair eviction notices.
By understanding the legal framework surrounding eviction in the UAE, both landlords and tenants can better navigate this often complex process.
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