Can a Landlord in Dubai Evict the Tenant Prior To Expiry of Tenancy Period?

According to the law No. 33 of 2008, amending some provisions of Law No. 26 of 2007 that regulates the relationship between Landlords & Tenants in the Emirate of Dubai, there are 3 situations where a Landlord can demand eviction of a tenant:

• The first situation where the Landlord can demand eviction of the tenant immediately, prior to the expiry of the tenancy period:

When there is a violation in certain cases, the Landlord can send a legal notice to evict the tenant immediately (the following cases are mentioned by law exclusively):

–       If the tenant subleases the property, or part thereof without getting the Landlord’s written approval (the eviction is applicable to the tenant and the subtenant)

–       If the tenant uses (or allows others to use) the property for illegal or immoral activities.

–       If the tenant uses the property for purposes other than the purpose it was leased for or if he uses the property in a way that violates planning, building, and land use regulations.

–       If the leased property is a commercial shop and the tenant left the same without occupation and without legal reason for 30 continual days or 90 non-continual days in one year; unless the parties agreed otherwise.

–       If a tenant causes changes that endanger the safety of the property in a way that it cannot be restored to its original condition.

–       if he causes damage to the property intentionally or due to his gross negligence to take proper precautions or if he allows others to cause such damage.

–       If the property is in danger of collapse (the such condition must be approved by a technical report issued by Dubai Municipality or accredited by it).

–       If development requirements in the Emirate require demolition and reconstruction of the property in accordance with government authorities’ instructions.

• The second situation where the Landlord can demand eviction of a tenant, prior to the expiry of the tenancy period, within 30 days of his notification if the violation still remains after this period:

Two specified violations in this case (the following cases are mentioned by law exclusively):

–       If the tenant fails to pay rent value, or part thereof (unless parties agreed otherwise).

–       If the tenant fails to observe legal obligations or tenancy contract conditions.

• The third situation where the Landlord can demand eviction of the tenant upon expiry of the tenancy contract, by serving 12 months’ notice in advance:

When there is no violation, the Landlord must send a legal notice 12 months prior to the determined date of eviction to the tenant only in the following cases which are mentioned by law exclusively:

–       If the owner of the property wishes to sell the leased property.

–       If the owner of the property wishes to recover the property for use by him personally or by his next of kin of first degree (the Landlord must prove in this case that he does not own a suitable alternative property for that purpose).

–       If the owner wishes to demolish the property for reconstruction or to add new constructions that prevent the tenant from benefiting from the leased property (the landlord must in this case provide the necessary licenses that must be obtained).

–       If the property requires renovation or comprehensive maintenance which cannot be executed while the tenant is occupying the property (note that a technical report issued by Dubai Municipality or accredited by it must be provided by the Landlord).

Note that for both situations, such notice must be sent through the Notary Public or by registered mail.

If you want to serve legal notice to your tenants in Dubai, get in touch with us today. Our expert team will help you from A to Z in the Legal Eviction Notice Process.

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