Eviction Under Dubai Rental Dispute

Law No. 33 of 2008, amending Law No. 26 of 2007 regulates the relationship between landlords and tenants in the Emirate of Dubai, and applies to rented property in Dubai (the “Law”).

If a tenant in Dubai is paying rent on time and otherwise according to the terms of their rental agreement, the landlord does not have the right to evict the tenant.

A landlord may seek immediate eviction of a tenant before to the expiration of the lease term under the following situations, as outlined in article 25(1) of the Law:

(a) If the tenant does not pay the rent or a portion thereof within thirty days of Landlord’s notice of payment, then the tenant will be in default of this Lease unless the parties agree otherwise.

(b) If Tenant subleases all or any portion of the Premises without Landlord’s prior written authorization, Tenant and the Subtenant will both be subject to eviction without prejudice to Subtenant’s right of recourse against Tenant for damages.

(c) If the Tenant uses the property or allows others to do so for activities that are contrary to public order or morals.

(d) If the leased property is a business space, and the tenant has abandoned it without good cause for 30 consecutive days or 90 non-consecutive days in a year, then the tenant will be in default of the lease unless the parties agree otherwise.

(e) If the tenant makes alterations to the property that compromise its safety to the point where it can’t be restored to its original condition, or if the tenant intentionally causes damage to the property by not taking reasonable precautions or knowingly allows another party to do so, the tenant will be held liable for the full amount of the damage.

(f) If Tenant uses the Premises for any purpose other than that for which it was leased, or should he use same in a way that violates the planning, building and land use regulations applicable in the Emirate.

(g) If the property is in poor condition, the landlord must give proof in the form of a technical report issued or authorised by the Dubai Municipality to demand eviction for safety of the Tenant.

(h) If Tenant fails to comply within 30 days after Landlord’s notification that Tenant has fulfilled any legal requirement placed thereon by law or by any term set out in the Lease Contract, then Landlord may terminate this Lease Agreement.

(j) If the competent government authorities decide that the destruction and reconstruction of real property is necessary for the constructional growth and advancement in the Emirate.

For the purposes of article 25(1) of the Law, the landlord must notify the tenant a notice notarized before the notary public and sent through assigned Aramex service located within the notary facility or registered mail.

Landlords in Dubai may only require tenants to vacate their properties at the expiration of a tenancy agreement in accordance with article 25(2) of Dubai Law No. 26/2007 under the following conditions:

a- If the real estate owner desires to demolish and rebuild it or add new structures that restrict the tenant from using the leased property, he can do so with the proper permits.

b- If a technical report issued or approved by Dubai Municipality proves that the real estate needs renovation or comprehensive maintenance and that it is impossible to do so while the tenant is occupying it.

c- If the real estate owner wants to utilise it for himself or a first-degree relative, he must establish he has no other suitable option.

d- If the landlord wants to sell.

Thus pursuant to Article 25(2), a landlord is required to comply with the following three conditions:

1. Written Notice: The landlord must serve the tenant with written notice of eviction at least twelve (12) months in advance, with the notice period commencing from the date of expiry of the existing lease contract—not during its term;
2. Reason for Eviction: The notice must clearly specify the statutory reason for eviction.
3. Method of Service: The notice must be duly notarised by the notary public and served either via registered mail or through the designated Aramex counter located within the notary facility.

Important points to consider:

• Be mindful of the distinction between Article 25(1) and 25(2) in relation to the timing of eviction notices; under Article 25(1) the notice may be served at any time, and Article 25(2), requires that notice be served specifically at the time of contract expiry, granting a 12-month lease/notice from the beginning of the term.

• Kindly also ensure that any notice clearly states it is being issued on behalf of both the current landlord and the prospective purchaser of the property.

• Exercise caution and avoid online payments, as evidence of payment default under Article 25(1)(a) relies on accepted forms of default such as returned cheque copy and resulting return memos.

• Notice under Article 25 (1) and (2) must be in the form of a notarized notice, not an email or personal or WhatApp communication.

• In reality, the requirement for eviction is quite specific; therefore, in order to apply Article 25(1)(h) (If Tenant fails to comply within 30 days after Landlord’s notification that Tenant has fulfilled any legal requirement placed thereon by law or by any term set out in the Lease Contract, then Landlord may terminate this Lease Agreement), the additional terms annexed to the Tenancy Agreement (signed by the Tenant) stating that frequent non-payment or dishonoured cheque will result in immediate eviction, etc. must be specified in the contract for the landlord and carefully considered by the tenant.

• The Tenant should proceed with prudence after receiving notice pursuant to Article 25(1)(a). In the event that the Tenant fails to make the payment within 30 days of the notice, regardless of the reason, the Landlord’s right to demand eviction is assured and will occur.

In Dubai, both landlords and tenants often navigate complex issues concerning tenancy rights, eviction procedures, and compliance with local rental laws. It is crucial that any action taken—such as issuing eviction notices—is clearly documented, legally grounded, and procedurally correct in accordance with the law, to avoid the risk of serving a faulty notice and subsequently being obliged to reissue it, causing unnecessary delay and potential disputes.

Author’s Bio:

Nikhat Sardar Khan (FCIArb)(RICS)
LinkedIn: https://www.linkedin.com/in/nikhatskhan

DISCLAIMER: THIS CONTENT IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. FOR SPECIFIC LEGAL GUIDANCE, YOU ARE ADVISED TO CONSULT A QUALIFIED AND UAE-LICENSED LEGAL PROFESSIONAL.