Tenant Eviction from a Rental Property in Dubai – An In-Depth Guide
Although it’s an uncommon occurrence but there can be numerous reasons why a property owner would need to evict a tenant/renter from their property.The Dubai government and Dubai Land Development (DLD) take complete care of the rights of people living in rental properties in Dubai. However, at the same time, they also provide property owners with a legal way they can follow to evict renters. In this post, we are going to discuss the complete process you can follow to get your property vacated. Continue reading!
This is the first step landlords need to perform. As per Dubai regulations, it is the obligation of every property owner to give a prior notice to the tenant. It should be served to them at least 12 months in advance. There is no flexibility of any sorts when it comes to the notice period. If a landlord doesn’t give the notice period and expels their tenants in Dubai, they can face a lawsuit.An important thing every landlord must know here is that they can’t just inform tenants about the notice period via call, text or even in person. There’s a complete process they need to follow. First of all, the notice must be in written form. The property owner needs to send it to the renter by the notary public. They can even send this by registered mail. It will serve as legal proof that an eviction notice has been issued and sent to the tenant.
RERA Regulations for Rental Contract Termination
Real Estate Regulatory Agency (RERA) is a government body that regulates Dubai real estate. It has laid certain rules and regulations related to tenant eviction. As per Article 25 and 26 of RERA, these are the cases where a property owner can evict a renter:
Article 25 states that a landlord can evict a tenant before the contract expiry date if:
The renter refuses to fulfil their responsibility of the agreement i.e. pay the rent. The landlord, in this case, has to serve them a notice period of 30 days. If they still refuse to pay complete rent or a part of it, the property owner can pursue the process of evicting them.
The tenant, without obtaining the consent of the landlord, subleases the property or it’s part to another renter.
The tenant has been found using the property for an illegal purpose. In the case, they aren’t doing it themselves but allowing others to do this, the landlord can still ask them to vacate the property.
The tenant has been using the property for any other purpose that’s contrary to their purpose stated in the rental agreement.
There’s a risk of property collapse. In this case, the landlord can evict a tenant. However, they need to support their claim with a technical report.
The tenant has made certain changes to the property that endangers its safety.
The tenant doesn’t meet the tenancy rules as mentioned in the agreement. The landlord, in this case, has to serve them a 30-day notice.
The tenant has rented a commercial shop and left it unoccupied for between 30 and 90 consecutive days.
The government authorities require reconstruction of the property or its demotion for any reason.
After the completion of the contract, the landlord can ask the tenant to vacate their property in the following cases:
The property owner needs to reconstruct the property or demolish it.
They need to renovate the property or make other major changes, which can’t be carried out if the renter is still living there.
They desire to sell the property or keep it for personal use.
Article 26 contains information on tenancy laws pertaining to renter eviction if the landlord wishes to use the property for personal use. According to this article, if a property owner has evicted the renter citing personal use as the reason, they cannot rent it to any third party for a specific period of time.The prohibition time lasts for 2 years and 3 years for residential and commercial property respectively.
The tenancy contract is automatically renewed if neither of the party has any objection. The terms and conditions remain the same as well. However, in the case, the landlord or the tenant do not wish to continue the contract, they need to give a 90-day notice before the expiry date of the contract.
Generally, the process to find the desired property for renters can prove to be an exhausting one. They need to explore various options at different property finder portals. Likewise, it isn’t easy for a landlord to find the right tenants who can take care of the property and deposit the rent in a timely manner. This is why not many people resort to evicting their tenants until or unless there’s a serious reason. In that case, the government of Dubai has a legal procedure to handle such circumstances.
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