Understanding Dubai's Rental Laws and Tenant Rights Under Article 25(2)(c)
Pavitra Shetty
Published on July 13, 2024, 10:53:28
In Dubai, a landlord may evict a tenant either before or upon the expiry of a tenancy contract. To do so, the landlord must serve a 12-month notice through a notary public. Permissible scenarios include:
* The landlord intends to demolish and reconstruct the property after obtaining necessary permissions from local authorities.
* Required restoration or repair of the property cannot be carried out while it is occupied by the tenant.
* The landlord or their first-degree family members wish to reside in the property, provided they do not have an alternative residence in Dubai and will live there for at least two years after taking possession.
* The landlord wishes to sell the property.
This is stipulated under Article 25(2)(c) of Law No. 33 of 2008 Amending Law No. 26 of 2007, which regulates the relationship between landlords and tenants in Dubai.
The law states: "Upon expiry of the lease contract, the landlord may seek eviction of the tenant from the real property only if: (c) the real property owner wishes to retake possession of the real property for his 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 this eviction, the landlord must notify the tenant of the reasons at least twelve months before the date of eviction, and the notice must be served through a notary public or by registered mail.
Furthermore, Article 26 of the Amended Rent Law specifies that if the landlord retakes possession of the property for their use or use by first-degree relatives, they may not rent it to a third party for at least two years in the case of residential property, or three years for non-residential property, from the date of taking possession.
If the landlord violates this, the tenant may request fair compensation from the Tribunal. Following these provisions, a landlord can evict a tenant by serving a 12-month notice through a notary public.
Upon taking possession of the property, the landlord may not rent it to any third party for at least two years from the date of possession.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
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