Getting Evicted From Your Property in the UAE: What You Need To Know?
An eviction before the lease term has expired is certainly a stressful experience for a tenant – both financially and psychologically. Having been evicted in Dubai, it is important for you to understand your rights and options.
Dubai’s grounds for evicting property:
It is only under certain circumstances, listed in Dubai Law No. 26/2007/ On the Organization of the Relationship between Lessors and Tenants in the Emirate of Dubai (as amended by Dubai Law No. 33 of 2008), that the landlord may request eviction before the lease term expires.
According to Article 25/1, these cases include, among others, the following:
- In cases where a tenant fails to make a rental payment within 30 days of hearing from the landlord.
- The tenant subleases the property without the written consent of the landlord.
- When the property is being used illegally in violation of public order and morality.
- Tenants use property for purposes other than those for which it was leased.
- Negligence in taking proper precautions regarding the property.
Tenants must be notified through a notary public or through registered mail by their landlords.
As per Article 25/2 of the Dubai Law, the landlord is only able to evict the tenant upon the expiration of the lease in the following circumstances.
- In the event that the owner of the property intends to demolish or reconstruct the property, or if he intends to build any additional structures preventing the tenant from benefiting from the leased property.
- When the property requires renovations or comprehensive maintenance, and it is impossible to carry out such work while the tenant occupies it, provided the condition of the property can be proved by a technical report issued by Dubai Municipality or approved by Dubai Municipality.
- Owners of property may recover their property if they wish to use it personally or by a first-degree relative, providing they do not have any suitable alternatives.
- In the event that the owner of the property wishes to sell the rental property.
In order to evict a tenant as described above, the landlord must notify them at least 12 months before the scheduled eviction date that they will be evicted from the property. Notification must be made via notary public or registered mail.
Furthermore, Article 26 of the Dubai Law states that if a landlord evicts a tenant because he wishes to use the property personally or with his relatives, the landlord is prohibited from renting out the property for at least 2 years if it is a residential property, or for 3 years if it is a non-residential property, unless the authorities approve a shorter period. The tenant may seek compensation from the competent authorities if the landlord breaches Article 26.
Consult our Property Lawyer Dubai for expert legal guidance on all your real estate matters. Our specialized services ensure that your property transactions are secure and compliant with local laws. Visit our page to learn more about how we can assist you.
If you have any questions about Corporate or Commercial Law or any other query related to the article above, please get in touch with the author Mohamed El Sayed Waaer directly on info@hlootahlaw.com About the Author: |