Dubai Property Q&A - Evictions

Q: There is a Tenant that is not paying his rent. Can the Landlord lock him out of the apartment and throw his things out?

A: No. The Landlord cannot engage in "self-help" practices. The Landlord must give the Tenant proper notice to have him/her evicted for non—payment of rent.

 

Q: How many days’ notice must a Landlord give to the non-paying Tenant to evict him?

A: 30 days’ notice must be given for eviction based on non—payment of rent.

 

Q: How must the Notice for non-payment of rent be given?

A: The Notice must be sent through Notary Public or Registered Mail.

 

Q: What can a Landlord do if a Tenant does not pay or leave voluntarily after 30 days?

A: A Landlord may file their claim with the Rental Dispute Settlement Centre to enforce the eviction.

 

Q: What can a Landlord do if a Tenant is using the property for illegal or immoral use?

A: Landlord may serve an immediate Notice of Eviction to a Tenant using the property illegally or immorally.

 

Q: When can a Landlord legally evict a Tenant (other than non-payment of rent) from the property?

A: Landlord may evict Tenant from the property with 12 months’ notice for the following reasons:

  1. If the Landlord wants to sell the property;
  2. if the Landlord wishes to use the property for his own personal use or for first degree kin (requires proof that Landlord has no other properties to live in);
  3. if the property requires demolition or major renovation that cannot be‘ completed while occupied by Tenant (requires Technical Report from Dubai Municipality)

 

Q: Must a Landlord give a full 12 months’ notice to evict for the above reasons?

A: Yes, 12 months’ notice is required in the above cases.

 

Q: Does the Landlord need to have any proof to have an eviction granted based on personal (or first degree kin) use?

A: Yes, the Landlord has the burden to prove that:

 

  1. He does not have any other property that can be used for that purpose; and
  2. The property is fit for that purpose (eg. if it is a 1 bedroom apartment, he cannot live there with his wife and four children); and
  3. If it is for use by his ?rst degree kin, he must prove the relationship with birth certificates.

 

Q: If eviction is granted based on personal (or family) use by Landlord, can he lease the property to third parties?

A: No, a Landlord is not entitled to lease the property again for 2 years (3 years in commercial leases). A Tenant can claim compensation if the premises is leased before the expiration of that time period. The property will also be blocked from being registered on Ejari.

 

Q: If Landlord changes his mind about the reason for eviction, must he give a new 12 month notice (eg. He originally decided to sell the property, then after giving 12 months’ notice to Tenant, he changed his mind and decided to live in the property himself)?

A: Yes, if a Landlord changes their mind about the reason for eviction, he must give a new 12 month notice from the date of the change.

 

Q: Is a non-renewable clause in the Lease enforceable (ie. Lease will not be renewed alter the initial term)?

A: No, a non-renewable clause is not enforceable.

 

Q: lf Landlord does not have a legally valid reason for evicting Tenant, does the Tenant I have an automatic right of renewal of Lease? "'

A: Yes, Tenant has an automatic right of renewal of Lease, if Landlord cannot legally evict Tenant.