An eviction notice, also known as a legal notice, can be sent by a landlord to a tenant asking them to vacate an apartment or business. Before the eviction notice may be legally delivered to the tenant by a notary public or sent by registered mail, it must adhere to a specific format and be notarized. Delivering an eviction notice in Dubai is only permitted for the legal grounds specified in the city’s tenancy laws. An eviction notice that does not follow the tenancy laws is invalid to serve.

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When may a landlord serve a tenant with an eviction notice?

A landlord may sue their tenants and request their eviction for a few legal reasons, as per Law No. 33 of 2008, Amending Law No. 26 of 2007 governing the Relationship between Landlords and Tenants in the Emirate of Dubai (Tenancy Law). There are two types of evictions that are allowed, under the law:

1) The landlord may seek eviction if a tenant breaks the terms of the contract or the law prior to the end of the tenancy period;

2) Even if the tenant has not broken any laws or the provisions of the rental agreement, the landlord may nonetheless demand the renter be evicted for legal grounds after the tenancy agreement expires.

Notice of eviction in the event of a violation of a lease provision or tenancy law:

In Dubai, the relationship between landlords and tenants is governed by Law No. 33 of 2008, and there are a number of infractions for which the landlord may demand the tenant be evicted prior to the contract’s expiration:

  • When the landlord notifies the tenant that the rent is due, the tenant doesn’t pay it in full or in part within thirty (30) days.
  • if, without the landlord’s express written authorization, the tenant sublets the entire property.
  • When using the property, the tenant behaves improperly or immorally or allows others to do so.
  • If the rented property is a business store and the tenant abandoned it without a good reason for 30 consecutive days or 90 nonconsecutive days in a row,
  • If the renter causes damage to the property intentionally, recklessly, by failing to take reasonable precautions, or by permitting others to do so
  • or if he transforms the property in a way that renders it unsafe and prevents it from being repaired.
  • Using the property for purposes other than those for which it was rented constitutes misuse.
  • if the tenant does not obey the conditions or restrictions within thirty days of receiving a notice to quit from the landlord.

The tenant must get formal notice of the violation before the landlord can ask for the eviction. The final warning that the landlord is prepared to take legal action and that the tenant has one last chance to make things right before the landlord seeks eviction serves as the legal notice. The renter must be notified by the landlord via certified mail or by notary public.

Notice of Eviction

Following the expiration of the lease, the landlord may ask tenet to evict. Its solely his will and there is no legal binding stopping him from doing so.

In the following situations, the landlord may ask to evict the tenant:

  • If the owner of the property intends to demolish it and construct something new, or both
  • If the rental property requires significant repairs or remodelling that can’t be done while the tenant is still residing there,
  • It may be used by the property owner or members of his immediate family if they wish to recover it.

The landlord must provide the tenant notice of the imminent eviction at least a year before the scheduled eviction date, subject to such notice being given through the Notary Public or by registered letter.

An eviction notice must be written and delivered in a specific manner in order to be legally binding.

Drafting

The landlord needs to get it typed down at a notary public as the initial step in this process. Because there are particular rules that must be observed while writing such a letter, it is advised that an eviction notice to a tenant be written by a UAE-based lawyer. This will not only save you time and money, but also lessen the likelihood that you will be rejected by other people or organisations.

Notary Public serves a renter with an eviction notice:

Obtaining a document’s notarization adds greater formality. Before drafting this legal notice, the landlord must produce a number of documents, including:

  1. The Ejari documentation, the lease agreement, and the two parties identified herein—the landlord and the tenant—are often written in Arabic but may also be written in both Arabic and English (tenant).
  2. It is acknowledged where the rented property is located and why the lease was not extended for a predetermined period of time.
  3. Along with the obligatory 12-month notice period, a clause is also underlined that the renter would be liable for restitution for losses and damages if any delay in leaving the property after the notice period has passed.

Serve the tenant with an eviction notice using registered mail or a postal courier service:

The last but not least step is the serving of the eviction notice on the tenant by a notary public or registered postal courier service. Registered mail is another name for a postal courier. Since this form of transmission necessitates a signature at the delivery end, the recipient cannot claim they never received the paper.

If you are having troubles with your landlord or tenant you can consult dispute lawyers at Sara Advocates and Legal Consultants. Our lawyers have years of experience in dealing with such case and will guide you properly as the case goes on. Visit our office or call us now to get the best legal advice.