How to File an Eviction Notice to a Tenant?

Struggling to serve an eviction notice to your tenant? Exhausted from the endless search for answers? Allow us to guide you through the process and demonstrate just how effortless it can truly be. (No, seriously.)

If you’ve been reaching out to multiple individuals, inquiring about the process of serving an eviction notice or legal notice to your tenant, you might find yourself being redirected from one person to another without receiving satisfactory guidance.

Navigating through the maze of vague information from various sources can be overwhelming, particularly when you’re outside the UAE and feeling helpless. Fortunately, we’re here to offer a truly valuable solution for efficiently managing your Dubai properties.

What exactly is an Eviction Notice?

An eviction notice is a formal written document, also referred to as a legal notice, that landlords use to request tenants to vacate their apartment or office. To ensure its validity, the eviction notice must adhere to a specific format and be notarized by a notary public or sent via registered mail. It is important to note that the grounds for eviction must align with the tenancy laws in Dubai. If an eviction notice fails to meet these requirements, it is considered invalid.

When Can a Landlord Send an Eviction Notice?

Landlords have the right to take legal action and pursue eviction against tenants for specific lawful reasons under relevant laws. There are two types of eviction permitted: 1) eviction due to contract or law violations and 2) eviction for lawful reasons, even in the absence of contract or law violations.

Eviction for breach can occur due to various reasons, such as non-payment, illegal use, subletting, property damage, bounced cheques, and more. In Dubai, the relationship between landlords and tenants is regulated by Law No. (26) of 2007, amended by Law No. (33) of 2008. According to Article 25 of this law, there are specific breaches that allow landlords to request tenant eviction even before the contract expires.

1. Failure of the tenant to pay the rent within 30 days after receiving a written notification from the landlord.
2. Subleasing the property without obtaining written approval from the landlord.
3. Engaging in or allowing others to engage in immoral or illegal activities on the property.
4. Causing or allowing actions that result in damage or alterations to the property, posing a threat to its safety.
5. Utilizing the property for purposes other than the originally agreed-upon lease.
6. Non-compliance with any terms outlined in the tenancy contract or violating the law within 30 days of receiving a written notification from the landlord.
7. In cases of commercial properties, the landlord may seek eviction if the tenant has ceased business operations for 30 consecutive or 90 non-consecutive days without providing valid reasons.
8. Mandatory eviction if the government entity requires the demolition of the property for the urban development of the emirate.

Prior to demanding eviction, it is crucial for a landlord to serve a legal notice to the tenant, requesting rectification of the breach. This legal notice serves as a final warning, indicating the landlord’s readiness to initiate legal action. It also provides the tenant with a final opportunity to address the issue. Failing to rectify the problem within this timeframe empowers the landlord to proceed with eviction.

A landlord may seek eviction by providing a 12-month notice for various reasons. As per the tenancy contract rules, eviction can also be pursued when the tenancy contract expires. In such cases, the landlord must send an eviction notice 12 months prior to the eviction date.

• The landlord intends to undertake reconstruction or demolition of the property.
• The property necessitates substantial maintenance or renovation that cannot be carried out while the tenant is in occupancy.
• The landlord has a desire to sell the property.
• The landlord intends to utilize the property for personal use, including occupation by first-degree relatives.

In simpler terms, if a tenant violates the tenancy laws and fails to rectify the issue after receiving a legal notice, the landlord can immediately pursue eviction. Alternatively, the landlord can provide a written notice of 12 months for the aforementioned reasons. The eviction notice must be sent via registered mail or through a public notary.

How to Send an Eviction Notice?

To ensure the validity of an eviction notice, it must be meticulously prepared and served in accordance with specific guidelines.

Step 1. Drafting

When drafting a notice to a tenant, it is important to adhere to the established standards. To ensure accuracy and avoid potential rejection, it is advisable to engage the services of a UAE-based lawyer or someone well-versed in UAE law. This prudent approach not only saves time and money but also minimizes the risk of encountering issues with third parties or government entities.

Step 2. Notarization

To ensure the validity of your eviction notice, it must undergo notarization by a Dubai-based notary public. Please note that the notarized legal notice will be in Arabic, as it is the official language of the United Arab Emirates (UAE) and a requirement for all official documents. There are two options to have your notice notarized: you can either visit one of the notary public offices or take advantage of the newly introduced electronic notary public services available online in Dubai as of 2021. It’s important to mention that the notarization process may differ for UAE residents and non-residents.

Step 3. Serving

Finally, the eviction notice will be served to the tenant through a notary public or a registered postal courier service. This step is crucial as it provides evidence that the tenant has received the legal notice and is fully aware of the ensuing consequences.

Conclusion

Filing and serving a legal notice is the formal means of communication between parties. It is imperative to adhere to the correct procedures and serve an eviction notice based on valid grounds.

Please note that the information provided on this page is intended for general informational purposes only and should not be construed as legal advice. It is not intended to serve as a basis for any specific action or decision. Nothing on this page should be interpreted as establishing a lawyer-client relationship or the provision of legal advice or services for any particular matter. Users of this website are encouraged to seek individualized legal advice from their own lawyer or legal counsel regarding any specific legal issues they may have.