Dubai’s real estate market is a significant vivid economic sector that is regulated by a unique set of laws. Disputes frequently arise between landlords and tenants in connection with the termination of tenancies and the eviction of properties, that the legislator (in order to safeguard the tenant rights, and ensure the stability of Dubai real estate rental sector) set clear rules and principles to organize eviction by the landlord and restrict the reasons for eviction by the landlord to an exhaustive list of events and subject to prescribed procedures that must be fulfilled.
In accordance with the Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai, a landlord cannot evict the tenant from the leased property except for the cases stated in article (25) of the aforementioned law and subject to the fulfillment of conditions of each case. According to article (25) the evection cases can be divided into two categories.
Evection prior to the expiry of the tenancy that only can be claimed in the following cases:
- where the Tenant fails to pay the Rent or any part thereof within thirty (30) days after the date a Notice to pay is given to the Tenant by the Landlord unless otherwise agreed by the parties;
- where the Tenant sub-lets the Real Property or any part thereof without obtaining the Landlord’s approval in writing.
- where the Tenant uses the Real Property or allows others to use it for any illegal purpose or for a purpose which breaches public order or morals;
- where the Tenant of commercial Real Property leaves the Real Property unoccupied for no valid reason for thirty (30) consecutive days or ninety (90) non-consecutive days within the same year, unless agreed otherwise by both parties;
- where the Tenant makes a change to the Real Property that renders it unsafe in a manner that makes it impossible to restore the Real Property to its original state, or damages the Real Property willfully or through gross negligence, by failing to exercise due diligence, or by allowing others to cause such damage;
- where the Tenant uses the Real Property for a purpose other than that for which he Real Property was leased, or uses the Real Property in a manner that violates planning, construction, and use-of-land regulations in force in the Emirate;
- where the Tenant fails to observe any obligation imposed on him by this Law or any of the terms of the Tenancy Contract within thirty (30) days from the date a Notice to perform such obligation or term is served upon him by the Landlord; or
- where competent Government entities requires demolition or reconstruction of the Real Property as per urban development requirements in the Emirate.
Evection upon the expiry of the tenancy that could occurs only in any of the following cases:
- where the owner of the Real Property wishes to demolish the Real Property to reconstruct it, or to add any new constructions that will prevent the Tenant from using the Real Property, provided that the required permits are obtained from the competent entities;
- where the Real Property is in a condition that requires restoration or comprehensive maintenance that cannot be carried out in the presence of the Tenant in the Real Property, provided that the condition of the Real Property is verified by a technical report issued by or attested to by Dubai Municipality;
- where the owner of the Real Property wishes to take possession of it for his personal use or for use by any of his frst-degree relatives, provided that the owner proves that he does not own another Real Property appropriate for such purpose; or
- where the owner of the Real Property wishes to sell the leased Real Property.
And For the purposes of the second category eviction grounds, the Landlord must notify the Tenant of the eviction reasons twelve (12) months prior to the date set for eviction, provided that this notice is given through a Notary Public or registered post.
For more details or if you require further guidance, please do not hesitate to contact us at Info@CharterLegal.ae