Renting in Dubai is more budget-friendly than buying a property in the metropolis. However, renting comes with the not so good part, rental disputes. However, Dubai has strict tenancy guidelines to protect the interests of tenants and landlords. There are some legal grounds for tenant eviction in Dubai before or after lease expiry.
Today, we will dive deeper into the laws and steps to deal with unfair eviction:
- Tenancy Guidelines Regulating Eviction in Dubai
- How to Deal with Unfair Tenant Evictions in Dubai?
- FAQs
Tenancy Guidelines Regulating Eviction in Dubai
The Real Estate Regulatory Agency (RERA), a section of the Dubai Land Department (DLD), has set some tenancy guidelines. The purpose is to streamline the renting process and guide landlords and tenants about their rights and responsibilities.
According to the tenancy guidelines, a landlord can seek immediate eviction in Dubai on the legal grounds discussed ahead. The notice period is mandatory in some set cases. Any tenant eviction in Dubai other than the legal grounds may lead to legal action.
Legal Grounds Before End of Contract
Article (25) of Law No. (33) of 2008 amending Law No. (26) of 2007 regulates tenant evictions in Dubai before lease expiry. A landlord can terminate the tenancy contract in only the below-discussed cases:
1. Failure to Pay Rent
As a tenant, it is compulsory to pay rent on time to avoid any issues. If a tenant fails to pay rent within a 30-day notice given by the landlord, the contract can be terminated.
2. Subletting Property
Subletting means renting out a part of the property to cut on rental expenses. Dubai has strict laws on subleasing. It’s crucial to get written permission from the landlord beforehand. Breach of this law gives a landlord the right to evict tenants and sub-tenants immediately.
3. Use of Property for Illegal Purpose
Using any type of property for illegal or immoral purposes is not acceptable in Dubai. Therefore, in such cases, a landlord can evict a tenant before the end of the tenancy contract.
4. Unoccupying Commercial Property
Tenant eviction in Dubai is applicable when a commercial property is unoccupied for 30 consecutive days and 90 non-consecutive days in a year. This is not applicable when the agreement permits a tenant to do so.
5. Changes to Property
Tenancy guidelines clearly state that a tenant has to seek permission for any major changes in the property. Let’s say a tenant changes or modifies a property, making it unsafe, impossible to restore, or damaged. In that case, a landlord has the right to evict.
Besides that, a tenant must also forbid others from damaging the property.
6. Using Property for Other Purposes
Eviction applies to those tenants who use the property for a different purpose than it was leased. An example is using a rental property for commercial use.
7. Demolition or Construction
Eviction applies to tenants if the government has to demolish/reconstruct the property in line with the urban development requirement.
Note: A landlord must notify the tenant in the above case. The notice must be sent through a Notary Public or registered post. A landlord can also immediately terminate the tenancy contract in the above cases.
In case of unpaid rent, a 30-day notice is mandatory.
Legal Grounds After End of Contract
Article (25) of Law No. (33) of 2008 amending Law No. (26) of 2007 regulates evictions in Dubai after lease expiry. Tenant Eviction in Dubai after the end of the agreement is applicable in the following cases:
1. Demolishment or Reconstruction
A landlord can seek eviction if he chooses to demolish or reconstruct the property. He may modify it in a way that makes it difficult for tenants to reside in. A landlord has to obtain permits from relevant authorities as proof.
2. Restoration or Maintenance
A landlord can terminate the contract if certain maintenance or restoration work necessitates property evacuation. It is mandatory to obtain a technical issue report verified by Dubai Municipality.
3. Personal Use
A landlord can terminate the contract if he decides to use the property for personal use. That includes settling in the property or giving it to first-degree relatives. However, the landlord must not own another property that can be used for such a purpose.
In the above case, a landlord cannot rent the residential property for two years from the date of possession. In the case of non-residential property, the period is three years.
4. Selling the Property
A landlord can seek eviction if he chooses to sell the property.
Note: A landlord must send a notice through a Notary Public or registered post in the above case. The notice must be sent twelve months before the eviction date.
How to Deal with Unfair Tenant Evictions in Dubai
A tenant can challenge an eviction notice if the decision does not fall on one of the discussed legal grounds. Here is the step-by-step process to deal with unfair evictions:
1. Carefully Compare the Eviction Notice with the Set Guidelines
The first step is to ensure that eviction is illegal and unfair. To ensure this, a tenant should carefully read the notice and review the reasons and the notice period. In case of eviction after the end of the contract, a 12-month notice period is compulsory.
2. Get Legal Advice
It’s best to consult a specialised lawyer to clear any doubts before proceeding with legal procedures. Dubai Land Department provides free-of-cost Smart Judge Service for legal advice.
3. Communicate
Communication can solve half of the problems. Try discussing the issues raised with the landlord. Whether you accept the eviction or file a dispute, respond to the eviction notice within the allocated time.
4. Seek Evidence
If the eviction is unfair, gather necessary evidence before filing a dispute. This could include communication proofs, bills and other ways to prove your point.
5. File a Dispute
The last resort for unfair tenant evictions in Dubai is to file a dispute at the Rental Dispute Centre (RDC). A tenant can file a dispute either online or by visiting RDC. Submit the necessary documents and pay 3.5% of the annual rent value.
Here are the details of the RDC Main Branch:
- Location: Inside Dubai Land Department, Baniyas Road, Near Etisalat Tower 1, Riggat Al Buteen, Deira, Dubai, UAE
- Timing: 07:30 am to 03:00 pm (Monday to Thursday) and 07:30 am to 12:00 pm (Friday)
- Contact Information: +971 800 4488
FAQs
Yes, a landlord can evict a tenant in Dubai on the legal grounds discussed. However, it’s mandatory to follow the eviction guidelines and provide a proper notice period, as mentioned in the law.
A tenant must provide a 60-day notice before evicting the contract early. Breaching this guideline can impose a penalty of one to two months’ rent on the tenant, payable to the landlord.
A landlord has the right to evict a tenant in only one of the cases discussed. Any unfair tenant evictions in Dubai can be dealt with by filing a dispute at RDC. Other than that, one must properly review the tenancy contract and check these ten things beforehand.
Are you facing a rental dispute, such as illegal rent increases? Check out our complete guide to resolving rental disputes in Dubai on Property Finder.
