Khaleej Times, Monday, May 15, 2023 | Shawwal 25, 1444
Dubai: How can landlords evict tenants without serving them 12 months' notice?
Emirates:
Question: I bought a villa in Dubai some years ago and rented it out.
The renewal is due in August this year. However, I wish to move into the villa
and don't want to renew the tenancy contract. Can I serve a notice or come to
some kind of understanding with the tenant regarding this?
Answer: Pursuant to your query, the provisions of Law No. 26 of 2007
Regulating the Relationship between Landlords and Tenants in Dubai and Law No.
33 of 2008 Amending Law No. 26 of 2007 Regulating the Relationship between
Landlords and Tenants are applicable.
In Dubai, an owner may evict a tenant from rented premises by serving 12 months'
notice through a notary public if, (i) a landlord wishes to demolish and
reconstruct the rented property upon obtaining permission from competent local
authorities, (ii) the restoration or repair of a rented property cannot be
carried out while the tenant is occupying the same, (iii) if the owner or its
first-degree family members wish to reside in the rented property if the owner
does not have any other alternative property to reside in Dubai provided it
resides in the same for at least two years upon obtaining repossession of the
rented property from a tenant and (iv) if the owner wishes to sell the rented
property.
Since you intend to reside in the rented villa, you may evict the tenant by
serving 12 months' notice through a notary public. This is in accordance with
Article 25 (2)(c) of the Amended Rent Law of Dubai, which states, "Upon expiry
of the lease contract, the landlord may seek eviction of the tenant from the
real property only if: the real property owner wishes to retake possession of
the real property for his own use or use by any of his first-degree relatives,
provided that the owner proves that he does not own any alternative real
property that is suitable for his purpose;
For the purposes of paragraph (2) of this Article the landlord must notify the
tenant of the eviction reasons at least 12 months before the date of eviction.
If the tenant does not breach the terms of the tenancy contract, then as an
owner you may evict the tenant only on grounds as stipulated in Article 25(2) by
serving 12 months of eviction notice through a notary public. However, you may
mutually agree in writing with the tenant to terminate a tenancy contract at any
time during the term of a tenancy contract and not to renew the tenancy
contract. This is in accordance with Article 7 of the Dubai Rent Law, which
states, “Where a rent contract is valid, it may not be unilaterally terminated
during its term by the landlord or the tenant. It can only be terminated by
mutual consent or in accordance with the provisions of this law."