Tenant Eviction Due to Non-Payment Of Rent In Dubai
In addition to comprehending the fundamental provisions of a tenancy contract, it is crucial for both tenants and landlords in Dubai to have a thorough understanding of the laws and procedures pertaining to tenant eviction, specifically in cases of non-payment of rent. It is important to note that rental laws in the UAE vary across different emirates, and thus, any eviction of a tenant must conform to the relevant local legislation to be considered lawful.
Non-payment is often the most common reason for tenant eviction. However, landlords must also consider certain responsibilities before proceeding with the eviction process.
In order to initiate the eviction process, landlords must ensure they serve tenants a written notification demanding overdue rent, with a 30-day notice period. If the tenant fails to make payment within this timeframe, landlords have the legal right to seek eviction through a case filed before the Rent Committee under the Real Estate Regulatory Agency (RERA). This committee will issue an award for the tenant to vacate the premises if payment is not made there as well.
A property owner or landlord cannot evict a tenant abruptly without providing proper notice. If the tenant fails to pay or vacates the property without prior consent from the landlord, the matter will be brought before the court. This legal process can be costly and time-consuming for both parties involved.
Landlords should be aware that eviction does not occur immediately after serving a legal notice. There are specific legal grounds that allow landlords to take action and seek eviction against their tenants. These grounds can be divided into two types: 1) eviction due to contract or law violations, and 2) eviction for lawful reasons, even if the tenant has not violated the contract or law. Eviction based on breach can be enforced immediately, while eviction for non-violation reasons requires a 12-month notice. Failure to pay rent on time is considered a breach and allows the landlord to initiate eviction proceedings after serving a 30-day notice to the tenant.
Under rental laws, the legal notice requiring payment or eviction notification must adhere to specific procedures. To ensure its validity, the notice must be notarized by UAE notaries and served via registered mail. Failure to comply with these standards renders the notice null and void.
While dealing with a non-paying tenant after the grace period can be incredibly frustrating, it is crucial for landlords to handle the situation responsibly. Taking matters into one’s own hands is not the solution. Instead, it is advisable to initiate the legal eviction process by serving a formal notice. Both landlords and tenants are encouraged to uphold the terms of the contract and engage in open communication to resolve any issues amicably. Pursuing legal action should be a last resort, considering its financial implications and potential inconvenience for all parties involved.
Disclaimer: The information provided on this page is intended for general informational purposes only and should not be relied upon as legal advice. It is not intended to serve as a basis for any specific action or decision. Nothing on this page should be construed as establishing a lawyer-client relationship or as the provision of legal advice or services for any individual matter. Visitors of this website are strongly encouraged to seek the guidance of their own legal counsel or attorney for advice on specific legal issues.