In our previous articles published on October 23, 2023, and November 21, 2023, we delved into the details of landlord-tenant relationships in Dubai's dynamic real estate market, particularly focusing on the 12-month eviction notice and its transferability to new property owners.
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When a Landlord Can Evict BEFORE the Lease Ends
In our previous articles published on October 23, 2023, and November 21, 2023, we delved into the details of landlord-tenant relationships in Dubai's dynamic real estate market, particularly focusing on the 12-month eviction notice and its transferability to new property owners.
Article 25 of The Tenancy Law
Empowers landlords to request tenants to vacate premises before the natural expiration of the lease. However, certain conditions must be met, and formal communication, usually through a letter or registered mail, is required. Here are the primary reasons for eviction:
- Late Rent: Failure to pay rent for 30 days after notification can lead to eviction.
- Subletting Without Permission: Renting out the property without the landlord's consent is grounds for eviction.
- Illegal Activities: Any illegal use of the property can result in eviction.
- Empty Commercial Property: Extended vacancy without valid reasons can lead to eviction.
- Property Damage: Intentional or negligent damage to the property may warrant eviction.
- Misuse of Property: Violation of lease terms or local regulations can lead to eviction.
- Safety or Maintenance Issues: Tenant may be asked to vacate if the property requires major repairs or is no longer safe.
- Non-compliance with Lease Terms: Failure to adhere to lease terms or legal obligations can lead to eviction.
- Government Mandates: Eviction may occur if the government requires the property for urban planning purposes.
When a Landlord Can Evict Upon the Expiry of the Lease "during renewal"
Article 25, Paragraph 2 of The Tenancy Law outlines four scenarios where landlords can request tenants to vacate upon lease expiration. However, a written notice must be issued 12 months in advance, through the Notary Public. These situations include:
- Property Changes: If property alterations impede tenant usage, eviction may be necessary.
- Major Repairs: Extensive repairs necessitating tenant relocation may prompt eviction.
- Personal Use: Landlord or close family members requiring occupancy without alternative housing may request tenant departure.
- Property Sale: Landlords can ask tenants to vacate at lease end if they intend to sell the property.
It's important to note that evictions must adhere strictly to the conditions outlined in Article 25, Paragraph 2. In cases of disagreement, a special committee can arbitrate which is the Rental Dispute Center (RDC) in Dubai Land Department.
Introducing Remote Eviction Notices
In addition to the traditional methods of serving eviction notices, Fam Conveyancing offers a convenient remote solution for all landlords who are unable to attend physically. With the assistance of our conveyancing experts, landlords can remotely initiate the eviction process via Zoom call with a notary office in Dubai. This streamlined process involves drafting the eviction notice, notarizing it through Dubai Courts after the call, and even arranging courier delivery to the tenant's address.
Moreover, our conveyancing experts can facilitate various other remote services, including remote Power of Attorney (POA) for property transactions, tenant notices, articles of association, will registration, and attestation of legal documents from the Notary Office and Dubai Courts. These services provide clients with the convenience of conducting legal proceedings remotely, without the need for physical attendance.