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There is no doubt that getting evicted before the lease term has expired is a stressful time for a tenant – both financially and mentally. If you have been evicted in Dubai, then it is important for you to know your rights and your options.
Grounds of Property Eviction in Dubai
According to Dubai Law No. 26/2007/ On the Organization of the Relationship between the Lessors and Tenants in the Emirate of Dubai (as amended by Dubai law No. 33 of 2008), the landlord may request eviction before the expiry of the lease term in only specified cases.
These cases have set out in Article 25/1 and include, amongst others:
- Where the tenant fails to pay the rental within 30 days of being notified by the landlord.
- Where the tenant subleases the property without the landlord's written consent.
- Where the property is being used for illegal purposes which violate public order and morals.
- Where the tenant is using the property for purposes other than for which it was leased.
- Gross negligence in taking proper precautions regarding the property. The landlord is required to notify the tenant through the notary public or by registered mail.
Article 25/2 of the Dubai Law further states that the landlord may request the tenant to be evicted from the property on the expiry of the lease only in the following cases.
- If the owner of the property desires to demolish the property in order to reconstruct it, or if he desires to add any new buildings preventing the tenant from benefiting from the leased property, provided that he obtains the required licenses from the competent authorities.
- If the condition of the property requires renovation or comprehensive maintenance works and should it be impossible to carry out such works while the tenant is occupying the property, provided that the condition of the property is proved by a technical report issued or approved by Dubai Municipality.
- If the owner of the property desires to recover the property to be used by him personally or by any first-degree relative, provided that it is proved that he does not have any appropriate alternative for said purpose.
- If the owner of the property desires to sell the leased property. For the purpose of evicting the tenant as above, the landlord is required to send a notification to the tenant informing him regarding the eviction from the property at least 12 months from the date set for eviction. This notification has to be made through notary public or by registered mail.
It is also crucial to note Article 26 of the Dubai Law, according to which, if the landlord has evicted the tenant on the grounds that the landlord wishes to use the property personally or by his relatives, then the landlord cannot rent out the property for at least 2 years in case of a residential property and 3 years for non-residential property, unless a shorter period is approved by the authorities. In case of breach of Article 26 by the landlord, the tenant is entitled to claim compensation from the competent authorities.
Conclusion
While being evicted on non-justifiable grounds may be daunting, a tenant must be aware of his rights in respect of eviction. Contact expert real estate lawyers in case of any consultation for your real estate issues.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
