Tenant eviction laws are made for landlords where their rights and obligations are written clearly to avoid further conflict or misunderstandings. Landlords in the UAE have a right to require monthly rent payments and other payments mentioned in the rental agreement. Tenants, on the other hand, must abide by the tenancy agreement and take care of the property without damaging it. In case the tenants cause inconvenience or do not comply with the tenancy agreement, then they may receive a notarized eviction notice from their landlord. However, both parties must be aware of the complexities of tenant eviction laws to make informed decisions.
Key Considerations for Landlords in UAE Regarding Tenant Eviction Laws
Following are the key considerations that landlords should keep in mind when it comes to tenant eviction laws in the UAE.
1. Requirements For Eviction Notice To Tenants: Landlords in the UAE must follow the specific procedures and provide proper notice when they seek to evict a tenant. The notice period depends on the circumstances and the location within the UAE. For example landlords are generally required to provide a 12-month eviction notice to tenants in Dubai if they seek possession of the property for personal use or for the use of their first-degree family members.
2. Valid Reasons for Eviction: Landlords can send a notarized eviction notice to tenants in the UAE for non-payment of rent, subletting without permission, engaging in illegal activities, or causing damage to the property. However, landlords cannot send a notarized eviction letter without a valid reason as the law protects tenants from arbitrary eviction.
3. Rental Dispute Resolution: There are mechanisms in place to resolve disputes between landlords and tenants. The Rental Dispute Settlement Centre which is overseen by the Real Estate Regulatory Authority (RERA) provides a platform for fair and efficient dispute resolution. It is advisable for both parties to seek legal advice and follow the prescribed procedures to resolve rental disputes.
4. Amendments to Rental Laws: Rental laws in the UAE are subject to amendments and updates. For example, in January 2021, the Dubai Land Department (DLD) announced the possibility of freezing rental agreements for a period of three years. Although, specific details and implications were not provided at that time. It is important for landlords to stay informed about any changes in the rental laws that may affect their rights and obligations.
5. Abiding by Tenancy Agreements: Both landlords and tenants are expected to comply with the terms of the tenancy agreement. If either party fails to fulfill their obligations then it may potentially lead to disputes and potential eviction proceedings.
6. Consulting Legal Professionals: It is advisable for landlords to seek legal advice from professionals who specialize in real estate and tenancy laws given the complexity of tenant eviction laws and the potential consequences. These professionals can provide guidance on the specific rights and obligations of landlords to send a notarized eviction notice in the UAE.
RERA Rules for Contract Termination in The UAE
The Real Estate Regulatory Agency (RERA) does not have specific rules for early contract termination in Dubai. The terms and conditions for contract termination should be clearly stated in the tenancy agreement and both parties must mutually agree to terminate the contract.
If a tenant wishes to terminate a tenancy contract early then they must adhere to the early termination clause specified in the Dubai tenancy laws. If such a clause does not exist then the landlord may demand compensation for ending the tenancy contract early.
Valid rental agreements between the landlord and tenant cannot be unilaterally terminated during their term by either of them unless both parties agree upon it as stated in the article 7 of the RERA tenancy law in Dubai.
Both tenants and landlords must understand their rights and responsibilities before entering into a tenancy contract in Dubai. Tenants should carefully read the lease contract and ensure that they have a proper understanding of their rights and obligations. Landlords should fulfill their obligations as outlined in the tenancy agreement.
If any disputes arise regarding contract termination or other rental issues, the Rental Dispute Settlement Centre (RDSC) can be approached. The RDSC was established by the Dubai Land Department to investigate and resolve rental disputes in Dubai.
Causes of Tenant Eviction in the UAE
Tenant eviction in the UAE can occur due to various reasons. Here are some common causes of tenant eviction in the UAE:
Non-occupancy of commercial property: If a commercial property remains unoccupied for 30 consecutive days without a valid reason or for 90 consecutive days in a year then the landlord can ask the tenant to evict the property under Article 25(1)(d) of the Dubai Tenancy Law.
Significant changes or damage to the property: While tenants can carry out repairs and correction works in the rented property without restrictions, they cannot make significant changes that permanently alter the property’s original condition or cause intentional or negligent damage to the property. In such a case, the tenant may receive an eviction before the lease contract’s expiry, as stated in Article 25(1)(e) of Dubai Law No. (26) of 2007.
Violation of tenancy agreement terms: If tenants violate the terms of the tenancy agreement by failing to pay rent, engaging in illegal activities, or using the property for purposes other than what it was leased for then landlords can initiate an eviction process.
Unsafe changes or damage to the property: If tenants cause damage or make unsafe changes to the property that endangers its safety then landlords can demand an eviction.
Non-compliance with tenancy contract or law: If tenants fail to comply with any of the terms of the tenancy contract or the law within 30 days of being served a written notification from the landlord then an eviction can be demanded.
Demolition of the property for urban development: Eviction is necessary in cases where the government requires the demolition of the property for urban development.
Eviction for personal use: If the property owner intends to evict a tenant for personal use or for the use of their first-degree family members then they need to serve an eviction notice of 12 months through a notary, as stated in Article 25(2)(c) of the Amended Dubai Tenancy Law
Conclusion
It is important for both landlords and tenants to be aware of the eviction laws in the UAE to ensure a smooth and lawful process when terminating a tenancy contract. Tenant eviction laws can vary depending on the emirate within the UAE. Therefore, it is recommended that landlords and tenants seek legal advice from MyPOA to consult the specific laws and regulations before sending a notarized eviction letter.