Tenant and landlord relationships are governed by Law No. (26) of 2007 and amended by Law No. (33) of 2008 regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.
The contractual relationship between Landlord and Tenant is regulated by a written registered Ejari Contract signed by both parties and a description of the leased Real Property, the purpose of the Lease Contract, the name of the owner, the number and type of the land, and the area where the Real Property is located. It will also determine the term of the Lease Contract, the Rent, and the payment method.
The Landlord may seek eviction of the Tenant from the Property prior to the expiry of the term of the Tenancy only under article 25 of the law in the following cases:
1. 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;
a. where the Tenant sub-lets the Real Property or any part thereof without obtaining the Landlord’s approval in writing. In this case, the eviction will apply to both the Tenant and Sub-Tenant.
b. 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;
c. 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;
d. 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;
e. where the Tenant uses the Real Property for a purpose other than that for which the Real Property was leased.
f. where the Real Property is condemned, provided that the Landlord must prove this by a technical report issued by or attested to by Dubai Municipality;
g. where the Tenant fails to observe any obligation imposed on him by the 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;
h. where competent Government entities require demolition or reconstruction of the Real Property as per urban development requirements in the Emirate.
2. Upon expiry of the Tenancy Contract the Landlord may request eviction of the Tenant from the Real Property only in any of the following cases:
a. 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;
b. 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;
c. where the owner of the Real Property wishes to take possession of it for his personal use or for use by any of his first-degree relatives provided that the owner proves that he does not own another Real Property appropriate for such purpose;
d. where the owner of the Real Property wishes to sell the leased Real Property.
For the purposes of paragraph (2), the Landlord must notify the Tenant of the eviction reasons twelve (12) months prior to the date set for eviction.
Proceeding to evict
The Landlord will give eviction Notice to the Tenant through a Notary Public or registered post.
After notification of the notice and completion of the notice time period, the application need to be filed by the landlord in the Rental Dispute Center (RDC) to get an eviction order against the tenant and RDC will give an appropriate order after evaluation of the matter.
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imran_advocate@live.com
This article is under the supervision of Atty. Imran Khan, a legal consultant in Bin Eid Advocates
