Renovation of a property is normally done to maintain its value, improve living standards, or satisfy safety needs. If the renovation necessitates tenants’ eviction from the property, landlords and tenants will be required to adhere to certain legal procedures to achieve equity and transparency.
Through this guide, you will find all the information you need regarding getting the notice of renovation to a tenant.
- What is a Renovation Notice?
- Rights of Tenants and Landlords
- Rules and Regulations for Landlords and Tenants
- The Renovation Notice Giving Process
- Best Practices for Landlords
- FAQs
What Is a Renovation Notice?
A renovation notice is a legal notification by a landlord to a tenant regarding intended renovations necessitating the vacating of the property. This is a legal document that enables tenants to be informed and have time to make suitable arrangements.
According to Dubai rental law, landlords must issue this notice in advance and adhere to specific legal guidelines to protect both parties.
Rights of Tenants and Landlords
Whether you are a tenant or landlord, understanding the rights of both ensures a fair and transparent renovation process. It is important to be aware of these rights before signing the tenancy contract.
Tenant Rights
- Right of First Refusal: The tenants have the right to move back into the renovated property if they give notice to the landlord within 30 days of receiving the notice of renovation.
- Fair Rent Determination: The rent for the renovated property should be under legal provisions to make it fair.
- Proper Notice: The tenants are entitled to a written notice of 12 months before they are asked to leave the property.
- In case the tenants believe that the eviction is not justified or that the repairs are unnecessary, they can present a case to the Dubai Rental Dispute Center (RDC).
Landlord Rights:
- Property Improvement: Landlords are entitled to improve their property if it needs renovation that cannot be done with tenants occupying it.
- Legal Eviction: The landlords may ask tenants to leave the property for renovation if they adhere to legal protocols, such as securing a certified technical report.
- Rental Adjustment: The landlords can change the rental price after renovation according to legal standards, subject to a reasonable market value.
Rules and Regulations for Landlords and Tenants
The rules and regulations for the landlords and tenants regarding the renovation process involve:
Tenant’s Right of First Refusal
- Tenants will have the legal right to return to the renovated property if they so desire, as long as they give the landlord notice within 30 days of receiving notice of renovation.
- Rent for the renovated property will be set according to relevant legal stipulations, being equitable to both parties.
Conditions for Renovation Eviction
- Eviction for renovation is only allowed if the property needs complete renovation or extensive maintenance that cannot be done while the tenant is still occupying it.
- A technical report published or certified by Dubai Municipality must be used to verify the condition of the property.
Notice Period
- Landlords are required to give tenants written notice at least 12 months before the vacate date.
- This notice has to be served by a notary public or registered post to have legal validity.
Prohibition of Re-Renting
- If the landlord ousts the tenant for renovation, they must first offer the property to the former tenant before re-renting it for a certain duration.
- This duration is usually two years in the case of residential properties and three years in the case of commercial properties, based on the nature of the renovations.
The Process of Giving the Renovation Notice
If you are a landlord who is planning to renovate your unit, here are the steps you should follow to ensure a smooth process and communication with the tenant.
1. Talk to the Tenant
- Begin with an open discussion with the tenant concerning the planned renovations.
- Describe the reason for the renovation, its timeline, and its impact.
- Reassure and clarify any questions to ensure transparency and understanding.
2. Prepare the Renovation Notice
- Prepare a concise and understandable notice indicating the intention to renovate, reasons for the eviction, and the proposed renovation period.
- Attach a copy of the technical report for visibility and prevention of misunderstandings.
3. Serve the Notice Legally
- Serve the notice through a notary public or registered mail, as advised by Dubai law.
- Provide the notice to the tenant at least 12 months before the start of renovation.
Best Practices for Landlords
To have a smooth eviction process and successful renovation work, as a landlord, you need to keep the following best practices in mind:
Clear Communication
Keep communicating with the tenants during the eviction process. Clear communication regarding the reasons for eviction and the anticipated time frame for renovations can avoid misunderstandings and create goodwill.
Legal Consultation
Considering the complications of Dubai rental legislation, it is recommended that landlords consult with an attorney before serving eviction notices.
Proper Documentation
Keep detailed records of tenant communication, renovation plans, and Dubai Municipality reports. These can be your evidence in case of any dispute.
Consider Tenant Relocation Support
Where possible, provide relocation assistance to the tenants during the renovation process. This act can assist in keeping the relationship intact and avoiding the possibility of disputes due to eviction.
FAQs
Landlords must provide a written 12-month notice, delivered via a notary public or registered post.
Yes, there are. Tenancy contracts in Abu Dhabi, Dubai, and other emirates have different regulations. Tenants and landlords must contact local authorities to find out the requirements.
If the tenant refuses, the landlord can file a case with the Dubai Rental Dispute Center (RDC).
Preparing a notice of renovation demands the utmost care in observing legal provisions and adherence to justice. Landlords can carry out the process efficiently by knowing the regulations on tenant eviction for renovations, while tenants can protect their rights as per the UAE tenancy laws and prepare accordingly.
