Eviction of Tenants in Dubai

A tenancy contract legalizes the relationship between landlords and tenants by allowing the occupants the benefit of using the owners’ property for a particular purpose for a specific time for a certain price. The terms and conditions are clearly outlined and defined in this contract to avert disputes and misunderstandings between the parties. The relationship between tenants and landlords in Dubai and their rights and obligations are regulated by the Real Estate Regulatory Agency (RERA) under the Dubai Rental Law Number 26 of 2007 (amended by Law Number 33 (2008) (RERA tenancy law).

Valid rental agreements cannot be easily terminated by either the landlord or the tenant during its term. Unilateral termination of such an agreement is permitted if the parties have previously agreed to this under Article 7 of the RERA tenancy law. Following Article 6 of the RERA tenancy law, if a tenant continues to occupy the property after the expiry of the rental agreement with the permission of the landlord, the term of the contract comprising of the same terms and conditions, will be automatically extended to one year or the same period (whichever is less).

The death of the landlord does not lead to the expiration of the tenancy contract in accordance with Article 27 of the RERA tenancy law. In this event, the tenants’ relationship is transferred to the landlord’s heirs resulting in the validity of the contract until the heirs decide to terminate the agreement. A notice of 30 days or till the expiry of the contract (whichever comes first) must be given to the tenants if the heirs wish to terminate the contract under Article 27.

However, a landlord may evict a tenant prior to the expiry of the rental agreement under Article 25 of the RERA tenancy laws. The following procedure must to pursued by landlords to evict a tenant:

• Select valid reasoning for eviction under Article 25 of the RERA tenancy laws.
• Issue and deliver a written 12-month eviction notice via registered mail or public notary to the tenant.
• With the help of real estate lawyers, obtain eviction authorization from the RERA.

The reasons that are valid to issue an eviction before the expiry of the tenancy contract under Article 25 are as follows:

• Failure of the tenant to pay the rent within 30 days of the landlord’s written notification.
• Sublease of the property without the landlord’s written approval. The eviction may apply to the subtenant who may seek compensation from the tenant.
• If the property is used for immoral or illegal activities by the tenant or by others with the tenant’s permission.
• Endangering the safety of the property in such a manner that its restoration to the original state is impossible, or if the property is damaged intentionally, due to gross negligence, or by others with the tenant’s permission.
• Use of the property for purposes incongruous to what it was leased for, or violates the building, planning, and land usage regulations.
• Failure to fulfil any of the terms of the contract or the law within 30 days of written notification from the landlord.
• The danger of the collapse of the property provided that the existence of such a condition is proven by the landlord by submitting a report attested by the Dubai Municipality.

A landlord may also seek eviction upon the expiry of the tenancy contract for the following reasons under Article 25:

• Demolition and reconstruction of the property under the instruction of government authorities are required for the development of the Emirate in which the property is situated.
• Renovation or comprehensive maintenance that is only executable in the absence of the tenants’ occupancy is needed, provided that the necessity of such processes is proven by the landlord submitting a report attested by the Dubai Municipality.
• Demolition of the property for reconstruction or addition of new construction provided that the required licenses are obtained.
• Use of property for personal use or the use of the landlord’s first-degree relatives.

For these cases, a written notice with the reason for eviction must be sent to the tenant at least 90 days prior to the expiry of the contract.