Leasing Rights in Dubai: What Landlords and Tenants Need to Know about Eviction

Landlords and tenants must know the legal framework and considerations governing lease renewals. The landlord-tenant relationship is governed by Law No. 26 of 2007 as per the amended Law No. 33 of 2008, also known as The Tenancy Law. 

In this post, your trusted Dubai real estate agency is going to cover some of the basics every tenant and landlord in Dubai needs to know about leasing rights:

Instances When the Landlord May Seek Tenant's Eviction from the Property before the Term of Tenancy's Expiry

• When a tenant fails to pay rent or any part thereof within the next 30 days after a Notice is given by the landlord, unless otherwise agreed upon by both parties;
• When the tenant sublets the Real Property or any part of it without getting the landlord's approval in writing - if this happens, the eviction applies to both the tenant and the sub-tenant. That said, the sub tenant's right to get compensation from the tenant is preserved;
• When the tenant uses the Real Property or allows other people to use the Real Property for any purpose that is deemed illegal or that breaches public order and morals;
• When the tenant of Commercial Real Property leaves said property unoccupied for no given an acceptable reason for a whole month (30 consecutive days) or 90 non-consecutive days in a year, unless agreed upon by both parties;
• When the tenant makes a change to the Real Property, that makes it unsafe and impossible to restore to its original state or damages the property willfully or due to gross negligence. This could be because of the tenant failing to perform due diligence or letting others cause damage;
• When the tenant uses the Real Property for a purpose different from what was agreed upon when the Real Property was leased or used it in a manner violating planning, construction, or use-of-land regulations enforced in the Emirate;
• When the Real Property is condemned, given that the landlord has provided proof via a technical report issued by Dubai Municipality;
• When the tenant fails to follow or do any obligation imposed upon them by the Law or the terms of their Tenancy Contract within 30 days from the date stated on a Notice to perform said obligation or term served by the landlord;
• When competent government entities require the demolition or reconstruction of the Real Property as per the Emirate's urban development requirements

Landlord's Rights to Evict a Tenant Upon Lease's Expiry

Article 25 of the Tenancy Law covers four grounds that allow a landlord to evict a tenant upon the expiry of their Tenancy Contract, provided that a written judicial notice of eviction was given 12 months before the eviction date, either via Notary Public or registered mail.

The four grounds are as follows:

1. Where the owner of the Real Property wants to demolish the said property for reconstruction or new construction, thus preventing the tenant from using the Real Property (provided that the landlord has obtained required permits from relevant entities);
2. Where the Real Property's condition requires restoration or maintenance that cannot be performed while the tenant is on the property. The state of the Real Property needs to be verified by a technical report either issued or attested to by Dubai Municipality;
3. Where the property's owner wishes to take possession and use the property for their personal use or for their first-degree relatives' use, provided that they provide proof that they do not own another Real Property suitable for such purpose;
4. Where the Real Property's owner wishes to sell the leased property

Conclusion

The landlord's rights to evict their tenants in Dubai are limited to the abovementioned grounds. In case of a dispute, the Rental Dispute Committee may request the landlord to provide a suitable reason.

Both landlords and tenants must understand their leasing rights in Dubai, especially regarding evictions. By understanding the law, both parties can protect their interests and avoid any legal problems. If you are looking for a Dubai property for rent, it's a good idea to familiarize yourself with these leasing rights and other important information you need to know. 

Dacha Real Estate can help you find the right Dubai property for rent that meets your needs. Speak with one of our agents today to get professional assistance!