With the increasing business opportunities in Dubai, a substantial chunk of population is moving to the Emirate every year. Consequently, the demand of residential premises is at all-time high, and properties are leased on large scale. However, with the increasing lessor-lessee relationships in the Emirates, it is observed that there are certain legal issues which are regularly faced by both the parties, particularly relating to the eviction from the rented premises.
In this article, we will try to clear the dust by thoroughly analysing all the legal provisions relating to the grounds of vacation, prerequisites and other statutory obligations with the help of our best property lawyers of Dubai.
Tenancy Law in Dubai
Out top lawyers of Dubai have pointed out that the Tenancy laws are mainly governed by the provision of Law No. (26) of 2007 (Dubai Tenancy Laws) and its amendment thereto. The Law is applicable to all the leased property in the Emirate, including agricultural land. Article 4 of this law provides that there must be a written lease between both the parties comprising all the necessary details, such as the description of property, area of land, period of lease, etc. Further, the lease must be registered with the Real Estate Regulatory Authority (RERA) in order to become eligible for filing a dispute before the competent authority.
As suggested by our best property lawyers of UAE, the period of lease must be defined, and if the lessee remains in the property without objection even after the expiry of term, it shall be presumed that the lease is renewed for a period of 1 year. The rent specified in the lease can only be increased after the completion of 2 years, and the lessee is under an obligation to pay the rent in timely manner. The lessor shall be responsible for all the maintenance work during the lease term.
When the lessor can ask the lessee to evict the property?
Our top property lawyers of Dubai have suggested that as per Article 25 of the Tenancy law, the lessor can ask for the eviction of property before the expiration of lease as well as at the time of completion of lease, upon fulfilment of certain condition.
Grounds of evacuation before the expiry of lease
- When the lessee doesn’t pay the rent within 30 days from the date of demand by the lessor;
- When the lessee sublets any part of the property without obtaining the written consent or approval of the lessor;
- When the leased property is used for any illegal purpose or against the public policy, moral, and national security;
- When the lessee made some undesirable change in the property without obtaining the consent of lessor, resulting it great damage and inconvenience;
- When the property is used for any other purpose contrary to which it was leased for;
- When the lessee fails to fulfil any of the statutory obligations attached with the property within 30 days.
Grounds of evacuation after the expiry of lease
As highlighted by our best property lawyers of Dubai, unlike other jurisdictions, a lease in Dubai is not terminated after the completion of the term period. It can be done only on the occurrence of the following events-
- When the urban development ordered for the demolition of the property or any part thereof;
- When the property needs maintenance and renovation which is not capable of being performed in the presence of lessee;
- When the lessee desires to rebuild the building or add new floors to it after obtaining written approval from the competent authorities;
- When the lessee wants to use the property for private use or for the use of a first degree relative.
Requirement of notice
Our top property lawyers of Dubai have highlighted that when the lessor wants to use the property for private use or first degree relative, it must give a 90 days’ notice to the lessee. Further, Article 2 made it mandatory that the notice must be sent through the notary or by registered mail only. It is also important to note that the lessor can’t lease the same property for the next 1 year, if the grounds of eviction is private use.
In short
The Tenancy law of Dubai clearly spells out the conditions wherein the lessor can ask the lessee to evict the property. The most widely cited reason among the lessor is the usage of property for personal use. However, it is mandatory to give a 90 days’ notice to the other party. It is highly recommended that you should take assistance of our top property lawyers of Dubai for notice drafting and other advisory work.
BSB legal is a specialized law firm of Dubai in property matters. Our best lawyers will assist you in notice drafting, litigation and other advisory work. To know more information, kindly contact one of our best lawyers in UAE. You can email us at info@bsb.legal or call +971 5 016 05046