During the previous ten years, the United Arab Emirates saw great expansion and development, particularly in the real estate industry. Real estate is booming in Dubai and the United Arab Emirates, and this trend is anticipated to last for some time.
An increase in new tenancy agreements is to be anticipated given the rapid rise in rental rates and the eagerness of landlords to capitalize on this profitable moment. However, moving at this time is expensive for tenants.
When renters get a warning from their landlords, they frequently inquire as to its wording and if a breach of the lease has occurred. If you are a landlord or are thinking about becoming one, you may have come across conflicting information regarding giving the renter notice to vacate the property in the UAE. If you’re looking to brush up on your expertise, you’ve come to the right place.
Here’s a deeper look at the regulations in the UAE for evicting a renter.
When is it legal for a landlord to demand that a tenant leave the property?
Renters in the UAE enjoy the same rights as tenants worldwide since the landlord owns the property, hence he or she cannot evict a tenant without cause. Typically, landlords ask tenants to vacate so they may sell or use the property for their own purposes.
12 Months of Notice
You can come across conflicting remarks about the notice time as a result of incorrect interpretations of the Tenant and Landlord Laws. The owner must give the tenant a minimum of 12 months’ notice before moving into the property or letting immediate family members occupy it.
The owner must give the tenant at least 12 months’ notice if they wish to be able to sell the property as vacant possession.A 12-month notice must be properly served in each of the aforementioned situations, either by notary public or registered mail.
Event of a Dispute
In the event of a dispute, it will be required to prove that the Tenant received this notification and its contents. The most secure and advised method is to use a notary public. The court receives a copy of the 12-month notice, which a designated courier may hand-deliver to the tenant and record as received.
How is this notification to be delivered?
Contrary to common opinion, a landlord cannot simply orally inform a tenant that they have 12 months to vacate the premises or send them a text message to that effect. A notary public, registered mail, or a written notice must be used to deliver the notification. In the event of a dispute, the landlord must prove that the tenant got the notice and that it was delivered legally and in accordance with the law.
The ideal moment to give the renter a notice
The landlord may give the tenant a 12-month notice at any time during the lease if the rental agreement does not contain any specific provisions. As previously said, in order to make things clearer and more obvious, the notice must be for a minimum of 12 months, and it must expressly state the date by which the tenant must vacate the property.
Contract Renewal
Let’s say the notice is delivered to the tenant by the landlord within the last three months of the existing lease. In that situation, he is required by law to provide the tenant the option of staying another full year or leaving on the new expiry date. The landlord has the authority to ask that the lease be extended until the end of the 12-month notice term if the tenant does not get the notice before the current lease expires in 90 days.
Common Issues
Both the landlord and the tenant have the option of filing a complaint with the rental dispute centre. If the property was seized for personal (family) use, it may be necessary to verify the claim during a formal hearing by providing proof of domicile and the lack of other owned properties. It would be beneficial to have supporting documents that attest to the owner’s willingness to sell the Dubai property.
The same owner is prohibited from renting the property again if a tenant is evicted to sell the property after this legal notice is sent. Retraction of the notice or the issuance of a new notice with a longer period may be advantageous to current renters. It will help reduce vacancy and income loss times.
Although it is intended that no issues emerge, either the tenant or the landlord may file a lawsuit at the Rental Dispute Centre. Sara Advocates and Legal Consultants can help if you have any trouble with our landlord or tenant. Our lawyers will make sure you rightly get what’s yours and that all legal requirements are fulfilled.
Read also: About Eviction notice Dubai
