The eviction procedure in Dubai is defined by the property rent law. In order to evict a tenant in Dubai, you must first:
- In accordance with Article 25 of Law Number (26) of 2007, have a valid ground for eviction.
- Send the tenant a 30-day eviction notice via registered mail or public notary.
- Obtain RERA approval for eviction.
The landlord cannot give the tenant a verbal or written notice to evacuate the property. when a landlord issues eviction notice to a tenant, there is a procedure that must be followed. The notice must be written and delivered by notary public or registered mail. This will serve as legal proof that the eviction notice was sent and received by the tenant.
A landlord can ask tenants to vacate upon expiry of the contract if:
- The landlord wants to demolish or rebuild the building.
- The landlord must perform necessary maintenance or renovations on the property,which he or she cannot do while the renter is present.
- The property is required for the landlord’s personal usage (Article 26).
- The property is up for sale because the landlord wants to sell it.
- Article 14, gives a notice period of 90 days prior to the expiry of the contract in order to give time to both parties to amend their ways.
Dubai Land Department’s Real Estate Regulatory Authority (RERA)
Before signing a rental contract in Dubai, it is important to familiarize yourself with the rules and obligations of the relationship between tenants and landlords. RERA is responsible for monitoring and regulating the sector.
One of the rules to remember is that the tenant or landlord must register the tenancy contract through the Ejari system, which ensures that the unit is not leased twice at the same time. Another rule states that if a rental contract expires and the tenant continues to live in the property without the landlord’s consent, the tenancy will automatically extend for the same time or one year, whichever is shorter, under the same terms and circumstances (Article 6). However, the tenant’s right to occupy the property would not be affected if the landlord transferred the property’s ownership to a new owner. If either the landlord or the tenant wants to change the terms of the contract, they must notify the other party at least 90 days before the contract expires, according to Dubai tenancy law.
Terminating a tenancy contract
The RERA tenancy law in Dubai mentions that legal rental agreements cannot be unilaterally cancelled by either the tenant or the landlord during their duration both parties must agree. If, the tenancy agreement survives the death of either the tenant or the landlord. In such circumstances, the tenancy connection is transmitted to the party's heirs, and the contract remains in effect until they elect to cancel it (Article 27). If a renter wants to break their rental agreement in Dubai, they must follow the contract's exit or early termination clause. If no such clause exists, the landlord may seek compensation for terminating the tenancy early. According to Article 28, the tenant's right to continue to occupy the property is unaffected by the transfer of title to a new owner.
What does Article 25 Validate?
- If the tenant fails to pay the rent or a portion of it within 30 days after the Landlord has delivered a notice of payment, the Landlord may terminate the lease.
- If the tenant sublets the whole or portion of the property without the landlord's permission.
- If the renter utilizes or allows others to use the property for unauthorized reasons.
- If the tenant utilizes the property for a purpose other than the one for which it was leased.
- If the property is in danger of collapsing, a technical report is required.
- The safety of the property is jeopardized if the renter makes alterations or improvements to the property or allows others to do so.
- If the tenant does not comply with the tenancy rules and regulations within 30 days of receiving notice from the landlord.
- In the event that government officials demand demotion or reconstruction in order to satisfy development goals.
Rent Disputes
Tenants and landlords frequently have disagreements and misunderstandings. Dubai’s Dispute Settlement Centre should be referred to in all cases of disputes (RDSC). As a renter, it is important to make sure that the tenancy agreement is RERA-registered. And to keep all the correspondence with the landlord’s documentation and proofs. Furthermore, as a landlord, ensuring that all the necessary documents and confirmation of the plan to live in or sell the home is important to have.
According to Article 34, the landlord is not permitted to disconnect services from the property or to interfere in any way with the tenant’s usage of the property. If this occurs, the renter may seek assistance from the attorney and the police station whose authority the property falls under or submit a police report about the infraction.
