Why the Mandatory 12-Month Eviction Notice is Central to Dubai’s Tenancy Law Framework

In Dubai’s regulated rental market, eviction is not a matter of choice or convenience; it is a legal process governed by strict statutory requirements. Many landlords assume that once a tenancy contract expires, they can simply ask the tenant to vacate. In reality, Dubai tenancy law strongly protects tenants against arbitrary or premature eviction, and landlords must follow a very specific procedure in order to regain possession of their property.

At the heart of this process is the mandatory 12-month eviction notice.

When Can a Landlord Lawfully Evict a Tenant?

Under Article 25 of Law No. 26 of 2007 (as amended by Law No. 33 of 2008), a landlord may seek eviction only for limited and legally defined reasons, including:
• The landlord (or a first-degree relative) requires the property for personal use and has no suitable alternative;
• The landlord intends to sell the property and requires vacant possession;
• The property requires demolition, reconstruction, or major renovation that cannot be carried out while occupied.

Even when one of these grounds exists, eviction is not automatic. The law requires the landlord to first serve a 12-month eviction notice.

Why the 12-Month Notice is Mandatory

The eviction notice must be served at least 12 months prior to the intended eviction date, and it must be served through a Notary Public or by registered mail. This requirement exists to ensure:

• Tenants have sufficient time to find alternative accommodation;
• Evictions are not used as a pressure tactic to force higher rent or unfair terms;
• Both parties have legal certainty and stability.

This 12-month notice period is not optional; it is a statutory condition. If it is not complied with, the landlord cannot legally evict the tenant, regardless of the reason.

What Happens If the 12-Month Notice is Not Served?

If a landlord fails to serve a valid eviction notice, the legal consequences are significant:

1. The eviction case will not be admitted
   
   The Rental Dispute Settlement Centre (RDC) will normally refuse to hear eviction claims if the landlord has not first complied with the 12-month notice requirement.
   
   
   
2. The tenancy continues by law
   
   Even if the tenancy contract has expired, the tenant remains lawfully in possession unless a proper eviction notice has been served. The lease effectively continues on the same terms until either:
   • A valid 12-month eviction notice expires, or
   • The tenant defaults on their contractual obligations (such as non-payment of rent).
   
   
3. Filing a case too early leads to dismissal
   
   
   A landlord who files an eviction case without having completed the 12-month notice period will typically have the case dismissed as premature, meaning the landlord must start the process all over again.

 

Why the Eviction Notice Must be Legally Compliant

 

It is not enough to simply notify the tenant that eviction is required. The eviction notice must strictly comply with the law in terms of:

• Content – it must clearly state the lawful reason for eviction;
• Form – it must be written, formal, and legally drafted;
• Method of service – it must be served through a Notary Public or by registered mail;
• Timing – it must give the full 12 months’ notice.

If any of these requirements are not met -- for example, if the notice is sent by email or WhatsApp, or lacks a valid legal ground -- the RDC may reject the eviction claim, even if the landlord’s intention to evict is genuine.
In such cases, the landlord would be forced to reissue a compliant notice and wait a further 12 months, causing unnecessary delay and financial loss.

 

Why Legal Assistance is Strongly Recommended

 

Because eviction is a procedure-driven process, even small technical mistakes can invalidate the entire claim. This is why it is highly advisable to engage legal professionals when preparing and serving eviction notices. A properly drafted and legally compliant notice ensures:

• The eviction will not be rejected on procedural grounds;
• The landlord’s rights are preserved;
• The case can proceed smoothly before the RDC when the notice period expires.

 

Final Thought

 

Under Dubai law, a landlord cannot evict a tenant simply because the contract has ended. Without a valid 12-month eviction notice, eviction is legally impossible, unless the tenant breaches their obligations.
By understanding and following the correct legal procedure, landlords can protect their investments, while tenants can enjoy the security and fairness that Dubai’s tenancy laws are designed to provide.

 

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