Property owners must give 12-month notice before eviction

Eviction of a tenant can be sought prior to expiry of a tenancy term agreement when a tenant fails to pay the rent within 30 days after the date of a notice to pay is given by the landlord.

A landlord must give the tenant a 12-month eviction notice and this must be sent through a notary public or registered post, said Mohammed K bin Hammad, senior director of the real estate relations regulatory department at the Real Estate Regulatory Agency.

The eviction of a tenant can be sought prior to expiry of a tenancy term agreement only when:

• A tenant fails to pay the rent within 30 days after the date of a notice to pay is given by the landlord.

• When a tenant sub-lets the property without obtaining the landlord’s written consent. Eviction will then apply to both tenant and sub-tenant.

• If a tenant makes a change to the property that renders it unsafe or causes damage wilfully or through gross negligence.

• When a tenant uses property for a purpose other than that for which it was leased, or breaches planning, building or use-of-land regulations.

• If the property is condemned, provided the landlord proves this with a technical report issued by or attested to by Dubai Municipality.

• If government entities require demolition or reconstruction of the property as per urban development requirements.

On expiry of the tenancy contract, the landlord can request eviction if:

• The owner wishes to demolish the property for reconstruction provided the required permits are obtained from competent entities.

• It requires restoration or comprehensive maintenance that cannot be carried out while the tenant lives in the property, provided this is verified by a technical report issued by or attested to by Dubai Municipality.

• The owner wishes to take possession for his personal use or for use by his immediate relatives.

•The owner wishes to sell the leased property.

To open a case with the Rent Dispute Settlement Centre, a fee equal to 3.5 per cent of the annual rent must be paid, up to a maximum of Dh20,000. If the tenant wins, the 3.5 per cent fee can be claimed back from the landlord.

Residents are advised to keep a back-up of all communications.

“The tenant should keep a written record, fax or courier delivery, of requests to the landlord to renew on the same terms,” said Alexis Waller, partner at legal firm Clyde & Co.

“This may be required as evidence if the tenant takes the matter to the dispute centre.”

* Source: Information from Rera