Can’t find a way to serve an eviction notice to your tenant? Tired of looking for answers? Let us walk you through to show how easy it can be. (No, really.)
If you’ve been approaching a lot of people, asking how you can get an eviction notice or legal notice served to your tenant, you might be passed around from 1 person to another person who can’t seem to provide satisfactory advice.
With all the vagueness of information you get from several people, it can be very daunting especially if you’re outside UAE wherein you will feel helpless and out of options. But luckily, we’re here to provide a solution that is truly valuable in managing your Dubai properties.
What is anEvictionNotice?
It is a formal written document, also known as a legal notice, sent by a landlord to a tenant asking to vacate the apartment or office. To be valid, the eviction notice should be in a specific format and needs to be notarized before it is served to the tenant by the notary public or registered mail. The eviction notice can be served only on valid grounds stipulated by tenancy laws in Dubai. The eviction notice that does not meet the requirements of the tenancy laws is not valid.
When Cana Landlord Send an EvictionNotice?
There are a few lawful reasons under the relevant laws that can lead a landlord to take legal action against their tenants and seek eviction. There are two types of eviction allowed under the laws: 1) eviction for breach of the contract or laws and 2) eviction for lawful reasons even though the tenant has not breached the contract or law.
The typical causes for eviction for breach are non-payment, illegal use, sub-letting, causing damage to the property, bounced cheques, and some other reasons. Article 25 of Law No. (26) of 2007 which regulates the relationship between landlords and tenants in Dubai, which was amended by Law No. (33) of 2008, states that there are certain breaches where the landlord can demand the eviction of the tenant before the expiry of the contract:
Tenant fails to pay the rent within 30 days of being served with the landlord’s written notification
Tenant subleases the property without the landlord’s written approval
Tenant uses or allows others to use the property for immoral or illegal activities
Tenant causes or allows others to cause damage or changes to the property that endangers the safety of the property
Tenant uses the property for purposes other than what it was leased for
Tenant fails 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
In cases of commercial properties, a landlord may demand eviction if the tenant has closed business operations for 30 consecutive or 90 non-consecutive days without giving any valid reasons
If the demolition of the property is required by the government entity for the urban development of the emirate
It is important that a landlord serves legal notice to the tenant asking to rectify the breach, before demanding the eviction. A legal notice serves as a final warning to a tenant that the landlord is prepared to initiate legal action and it is the final opportunity for the Tenant to rectify the problem, failing which a landlord can demand eviction.
There are other reasons why a landlord can seek eviction by serving 12 months prior notice. According to the tenancy contract rules, the landlord can also seek eviction upon expiry of the tenancy contract, by sending an eviction notice of 12 months prior to the eviction date, if:
The landlord wishes to reconstruct or demolish the property
The property requires significant maintenance or renovation that cannot be done while the tenant is occupying it
The landlord wants to sell the property
The landlord wants to use the property for his personal use or even for his relatives of the first degree.
In other words, a landlord can seek eviction with immediate effect in case of breach of the tenancy laws, which was not rectified after the landlord’s legal notice or otherwise a landlord can seek eviction by serving 12 months’ written notice for reasons stated above. The eviction notice has to be served through a registered mail or a public notary.
How to Send an Eviction Notice?
An eviction notice needs to be prepared and served in a specific way, to be valid.
Step 1. Drafting
There is a certain standard to follow while drafting your notice to a tenant, therefore, it is best to have it drafted by a UAE-based lawyer (or someone who is aware of the UAE Law) to draft this letter. This will minimize the risk of rejection from third parties and/or government entities and will save your time and money.
Step 2. Notarization
Once you have your eviction notice prepared, then it needs to be notarized through the Dubai-based notary public. It is to be noted that the notarized legal notice will be in Arabic language only. As Arabic is the official language of the United Arab Emirates (UAE), all official documents must be in Arabic. To notarize your notice, you can either visit one of the notary public offices or you can do it electronically through online channels. In 2021 Dubai has introduced electronic notary public services that pave the way for online notarization of documents. The process may vary for UAE residents and non-residents.
Step 3. Serving
Last but not the least, the eviction notice will then be served to the tenant thru the notary public or a registered postal courier service. This is crucial as it will prove that the tenant has received the legal notice and is aware of the consequences.
Filing and serving the legal notice is the formal way of communication between parties. It is crucial to follow the right steps and serve the eviction notice on valid grounds.
Disclaimer: The content on this page is for general information purposes only and does not constitute as legal advice nor should it be used as a basis for any specific action or decision. Nothing on this page is to be considered as creating a lawyer-client relationship or as a rendering of legal advice or legal services for any specific matter. Users of this website are advised to seek specific legal advice from their lawyer or a legal counsel regarding any specific legal issues.