If you are a landlord in Dubai and you want to evict your tenant for a valid reason, you need to follow the legal procedure and serve them with a notarized eviction notice. An eviction notice is a document that informs the tenant of the landlord’s intention to terminate the tenancy contract and the grounds for doing so. It also gives the tenant a deadline to vacate the property or remedy the situation.
However, not every eviction notice is valid and enforceable. You need to make sure that your eviction notice meets the requirements of the law and that it is properly notarized by a notary public in Dubai.
Eviction Notice: What is it?
An eviction notice, also known as a legal notice, is a document that a landlord can send to a tenant to ask them to vacate an apartment or office. The eviction notice has to follow a specific format and be notarized by a notary public or sent by registered mail to be valid. The eviction notice can only be based on the legal grounds stated in the tenancy laws of Dubai. An eviction notice that does not comply with the tenancy laws is not valid.
When can a landlord send an eviction notice to a tenant?
According to Law No. 33 of 2008, which amended Law No. 26 of 2007, regulating the relationship between landlords and tenants in Dubai (Tenancy Law), a landlord can sue their tenants and request their eviction for some valid reasons. The law allows two types of evictions:
- If a tenant breaches the lease agreement or the law before the end of the tenancy period, the landlord can request eviction;
- If a tenant does not breach the lease agreement or the law, the landlord can still ask for eviction of the tenant at the end of the tenancy contract for lawful reasons.
1. Eviction Notice in case of breach of tenancy law or lease agreement clause:
Article 25(1) of Law No. 33 of 2008, which regulates the relationship between landlords and tenants in Dubai, lists several violations that can lead to eviction of the tenant before the contract expires:
- A tenant fails to pay all or part of the rent within thirty (30) days of the landlord’s notice that it is due.
- A tenant sublets the whole property without the landlord’s written consent.
- A tenant uses the property for immoral or illegal activities or allows others to do so.
- A tenant leaves the property, which is a commercial shop, for 30 consecutive days or 90 non-consecutive days in one year without using it or having a valid reason.
- A tenant changes the property in a way that makes it unsafe or irreparable, or damages the property intentionally, negligently, or by not taking reasonable care, or lets others do so.
- A tenant uses the property for purposes other than those for which it was rented.
- A tenant does not comply with the terms or conditions of the eviction notice from the landlord within thirty days.
- Where competent Government entities requires demolition or reconstruction of the Real Property as per urban development requirements in the Emirate.
Before asking for eviction, a landlord has to give the tenant a formal notice to fix the violation. The legal notice serves as a final warning to the tenant that the landlord is ready to take legal action and that this is the last opportunity for the tenant to make things right before the landlord can ask for eviction. The landlord has to use the Notary Public or registered mail to send the notice to the tenant.
2. Eviction Notice upon Lease Termination
The tenant may be evicted by the landlord when the lease agreement ends in the following cases:
- The landlord plans to demolish the property and construct something new, or both.
- The property requires major maintenance or renovation that cannot be done with the tenant occupying it.
- The landlord or his first-degree relatives need the property for their own use.
The landlord must notify the tenant of the eviction through the Notary Public or by registered mail, at least twelve months before the eviction date.
How to Issue Eviction Notice in Dubai
The landlord must follow a specific procedure to issue a valid eviction notice and comply with the tenancy laws.
Step 1: Drafting the Eviction Notice
The first step is to prepare the eviction notice in writing at a notary public. It is advisable to hire a lawyer based in the UAE to draft the eviction notice, as there are certain rules and guidelines that must be followed. This will save you time and money and avoid any rejection from third parties or government entities.
Step 2: Notarizing the Eviction Notice
The second step is to get the eviction notice notarized by a notary public. This makes the document more official and authentic. The landlord will need to present some documents to the notary public, such as:
- The lease agreement.
- The Ejari registration.
- The names of the landlord and the tenant, which are usually in Arabic but can also be in English and Arabic (tenant).
- The address of the rented property and the reason for terminating the lease within a certain period.
- A clause stating that the tenant will be liable for any damages or losses if he/she fails to vacate the property after the notice period expires, along with the required 12-month notice period.
Step 3: Delivering the Eviction Notice
The third and final step is to deliver the eviction notice to the tenant by a notary public or a registered postal courier service. A registered postal courier service is also known as registered mail. The recipient cannot deny receiving the document in this method, as it requires a signature at the delivery end.
Why is Notarization Important for Eviction Notices?
Notarization is important for eviction notices because it is a legal requirement under the Dubai Tenancy Law. According to Article 25 of Law No. 33 of 2008, which regulates the relationship between landlords and tenants in Dubai, a landlord can only evict a tenant for certain reasons and after giving them a formal notice through the notary public or by registered mail.
If the landlord fails to notarize the eviction notice or to send it by registered mail, the notice will be invalid and the tenant can challenge it in court. The landlord will also lose the right to claim any compensation or damages from the tenant for breaching the tenancy contract.
Therefore, notarization is essential for eviction notices because it:
- Proves that the landlord has a valid and legal reason to evict the tenant.
- Gives the tenant a fair and reasonable notice period to vacate the property or to fix the problem.
- Protects the landlord’s rights and interests in case of a dispute or a lawsuit.
- Prevents the tenant from claiming ignorance or denial of receiving the notice.
How a Drafting Lawyer at Notary Public Dubai Can Help You with Eviction Notice
If you are a landlord or a tenant in Dubai, you may face the situation of eviction notice and lease termination. This can be a stressful and complicated process, especially if you are not familiar with the legal requirements and procedures. That is why you may need the help of a drafting lawyer at Notary Public Dubai, who can assist you with the following:
- Drafting and reviewing the eviction notice and lease agreement to ensure they comply with the law and protect your rights.
- Negotiating with the other party to resolve the dispute amicably and avoid litigation.
- Representing you in court or arbitration if the matter goes to trial.
- Advising you on the best course of action and the possible outcomes of your case.
A drafting lawyer at Notary Public Dubai has the expertise and experience to handle eviction notice and lease termination cases. They can provide you with professional and personalized service, and guide you through every step of the process. Contact us today for more information.
Wayne Probert is a senior reporter at Zobuz, covering state and national politics, and he is a grantee with the Pulitzer Center on Crisis Reporting. Before joining Zobuz, he worked as a freelance journalist in Kentucky, having been published by dozens of outlets including NPR, the Center for Media.
