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.
According to Article 25(2) of Dubai Law No. 26/2007, the landlord must
- give the tenant written notice of the eviction at least 12 months prior to the date of eviction and
- the reason for the eviction.
For the purposes of article 25(2) 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.
Important points to consider:
- Exercise caution and avoid online payments, as evidence of payment default under Article 25(1)(a) relies on accepted forms such as cheque copies and 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), 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 well-written 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.
Author’s Bio:
Nikhat Sardar Khan, a distinguished legal expert with extensive experience in the UAE’s legal landscape, currently heads the Department of Litigation, ADR and Corporate at Hilal & Associates Advocates & Legal Consultants. Her expertise encompasses complex litigation and dispute resolution in commercial matters, banking, finance, corporate practice, and more. As a qualified arbitrator and experienced mediator, she holds certifications from prestigious institutions like the Chartered Institute of Arbitrators (FCIArb) and The Royal Institution of Chartered Surveyors (RICS). Her legal acumen, honed over decades of practice in both India and the UAE, positions her as a formidable figure in the field of law.
Nikhat Sardar Khan (FCIArb)(RICS)
Head of DIFC Litigation, Corporate & Arbitration- UAE,
MENA and India.
Arbitrator | Mediator | DIFC Practitioner
Email: nikhat@hilalassociates.com