In Dubai, there are specific legal procedures that landlords must follow before they can evict a tenant from their rental property. Understanding these procedures is essential for landlords and tenants to protect their rights.
Understanding Eviction Laws in Dubai
Overview of Law No. 26 of 2007
According to this law, a landlord can only evict a tenant for a valid reason. The law also specifies landlords’ procedures to evict a tenant.
Amendments under Law No. 33 of 2008
In 2008, Law No. 33 of 2008 amended specific provisions of Law No. 26 of 2007. This amendment further clarifies the reasons for eviction and the procedures landlords must follow. The amendment also specifies the penalties landlords may face if they violate the eviction laws.
Dubai Tenancy Law Provisions
Some of the valid reasons for eviction include:
- Non-payment of rent
- Breach of the tenancy agreement
- Illegal use of the property
- Nuisance caused by the tenant
- End of the tenancy period
Grounds for Eviction
Regarding eviction in Dubai, landlords must have valid reasons to terminate a tenancy contract. The following are the grounds for eviction that landlords can use to terminate a tenancy contract:
Non-Payment of Rent
If a tenant fails to pay rent within 30 days, the landlord may initiate the eviction process. The landlord must first serve the tenant with a 30-day notice by a notary public before proceeding with the eviction.
Breach of Tenancy Contract
The landlord can terminate the tenancy contract and evict the tenant in case of a violation. For instance, if a tenant subleases the property or any part of it without the landlord’s written approval, the landlord can initiate the eviction process.
Owner’s Personal Use
The landlord can terminate the tenancy contract if they require the property for personal use. The landlord must provide the tenant with a 12-month notice period before initiating the eviction process.
Property Sale, Demolition, and Renovation
If the landlord wants to sell the property, demolish it, or carry out renovations that require the property to be vacant, they can initiate the eviction process. The landlord must provide the tenant with a 12-month notice period before initiating the eviction process.
Illegal Activities
If a tenant engages in illegal activities, the landlord can terminate the tenancy contract and initiate the eviction process. The landlord must first serve the tenant with a 30-day notice by a notary public before proceeding with the eviction.
Eviction Notice and Procedures
When a landlord in Dubai decides to evict a tenant, they must follow specific procedures to ensure the eviction is legal and valid. This section outlines the steps landlords must take to issue a legal eviction notice, the service of notice via registered mail, and the rental dispute settlement process.
Issuing a Legal Eviction Notice
The first step in eviction is to issue a legal eviction notice to the tenant. The notice must be in writing and include the reason for the eviction. The notice period may vary depending on the tenancy agreement type and the termination reason.
Service of Notice via Registered Mail
Sending a message by text, notifying in person, or by phone will not comply with the regulations. The notice must be delivered to the tenant’s registered address, and the landlord must keep a copy of the notice for their records.
Rental Dispute Settlement
If the tenant does not vacate the property, the landlord may file a complaint with the Rental Dispute Settlement (RDC) department. The RDC will then schedule a hearing to resolve the landlord and tenant dispute. During the hearing, the RDC will review the evidence presented by both parties and make a ruling based on the Dubai tenancy law.
Landlords still determining how to evict a tenant or want legal advice on the eviction process should consult a qualified legal professional.
Tenant and Landlord Obligations
When renting a property in Dubai, tenants and landlords must fulfill certain obligations. These obligations are outlined in the tenancy contract and are legally binding.
Maintenance and Repairs
Both tenants and landlords have a responsibility to maintain the property. They must keep the property clean and tidy and report any damages or repairs needed to the landlord promptly.
Payment of Rent and Fees
Tenants have to pay rent on time and in full. Failure to do so can result in legal action against them. In addition to rent, tenants may have to pay fees for utilities or maintenance. These fees should be outlined in the tenancy contract.
Adherence to Tenancy Contract Rules
Both tenants and landlords must adhere to the rules outlined in the tenancy contract. Tenants must also vacate the property at the end of the tenancy period unless they have renewed their lease or negotiated a new one.
Tenant Rights and Compensation
Tenants in Dubai have certain rights that protect them from arbitrary eviction and ensure they receive compensation in case of any unlawful eviction. Here are some of the tenant rights and compensation measures in Dubai:
Security Deposit and Rental Payments
This deposit guarantees the landlord that the tenant will fulfill their obligations under the tenancy agreement.
Tenants are also required to pay rent on time per the tenancy agreement’s terms. Failure to pay rent can result in legal action by the landlord, which may result in eviction.
Compensation for Arbitrary Eviction
If a tenant is evicted from a property for no valid reason, they are entitled to compensation. The compensation amount is usually equivalent to three months’ rent or the remaining period of the tenancy agreement, whichever is less.
Right to Contest Eviction
If a landlord wants to evict a tenant, they must provide a tenancy eviction notice as per the laws of Dubai. The notice must be in writing and specify the reasons for the eviction. The tenant can contest the eviction by filing a lawsuit against the landlord. If the court finds the eviction arbitrary, the tenant is entitled to compensation.
Special Considerations for Eviction
When it comes to evicting a tenant in Dubai, there are some special considerations that landlords should keep in mind. These considerations include the eviction of first-degree relatives, commercial property evictions, and subleasing and eviction.
Eviction of First-Degree Relatives
If a tenant has a first-degree relative living in the property, the landlord cannot evict them without a court order. First-degree relatives include the tenant’s spouse, children, and parents.
Commercial Property Evictions
When it comes to commercial properties, the rules are slightly different. Landlords can evict tenants from commercial properties without a court order.
Subleasing and Eviction
If a tenant subleases the property to another person, the subtenant has no legal rights, meaning that if the landlord wants to evict the subtenant, they can do so without a court order. However, if the tenant still lives in the property, the landlord cannot evict them without a court order.
Resources and Legal Support
When a tenant faces eviction in Dubai, several resources and legal support options are available to them. These resources can help tenants understand their rights and legal options and provide them with representation in court if necessary.
Dubai Land Department and RERA
The Dubai Land Department (DLD) is Dubai’s main regulatory body for real estate. The DLD oversees the registration and regulation of all real estate transactions in the emirate, including rental agreements. Tenants can contact the DLD or RERA for information on their rights and legal options in case of an eviction.
Legal Consultants and Law Firms
Tenants facing eviction in Dubai can also seek legal advice and representation from legal consultants and law firms. Some law firms specialize in real estate law and can provide tenants with expert advice on rental disputes and evictions.
Rental Disputes Settlement Centre
The Rental Disputes Settlement Centre (RDSC) is a government agency to resolve rental disputes between landlords and tenants in Dubai. The RDSC provides a range of services to tenants, including mediation and arbitration. Tenants facing eviction can contact the RDSC for assistance in resolving their dispute with their landlord.
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Frequently Asked Questions
What is the required notice period for a landlord to terminate a tenancy in Dubai?
The notice period required for a landlord to terminate a tenancy in Dubai varies depending on the type of tenancy agreement. For fixed-term tenancy contracts, the tenant will vacate the premises by the contract’s expiration date. In renewable tenancy contracts, the landlord must provide a notice period of at least 90 days before the expiration of the contract if they wish to terminate the tenancy.
Under what circumstances can a landlord legally evict a tenant in Dubai?
If the tenant fails to pay rent for at least 30 days after the due date, sublets the property without the landlord’s permission, causes damage to the property, or uses the property for illegal purposes, a landlord can evict the tenant. Additionally, a landlord can evict a tenant if they wish to sell the property, but only if they provide the tenant with a 12-month notice period.
What are the tenant’s rights if a landlord sells the property in Dubai?
If a landlord is selling their property in Dubai, the tenant can continue living there until the end of their tenancy agreement. The landlord must provide the tenant with a 12-month notice before evicting the tenant to sell the property.
How does the Dubai Rental Dispute Center process eviction cases?
The Dubai Rental Dispute Center is responsible for resolving disputes between landlords and tenants in Dubai. The center will then schedule a hearing to review the case and issue a decision.
What is the legal procedure for a landlord to issue an eviction notice in Dubai?
To issue an eviction notice in Dubai, the landlord must have a written notice specifying the reason for the eviction and the notice period required. The notice must be delivered to the tenant in person or by registered mail.
How long does the eviction process typically take once initiated by a landlord in Dubai?
The eviction process in Dubai can take several months to complete, depending on the complexity of the case and the workload of the Rental Dispute Center. Once the landlord files a case with the center, a hearing will be scheduled within 30 days.
