Before your landlord can initiate eviction proceedings, your lease must be terminated. Typically, this involves providing you with a proper written notice in compliance with state law requirements. If you fail to vacate the property or address the issue outlined in the notice, the landlord has the right to take legal action for eviction. To succeed in court, the landlord must establish that you committed an action justifying lease termination. State regulations outline specific conditions that landlords must satisfy for lease termination. Each state has its rules governing the content and delivery of eviction notices to tenants. Landlords must strictly adhere to these state laws and regulations, as failure to do so may result in the dismissal of their lawsuit.
An eviction notice must be notarized by a notary public. The reason for eviction is clearly stated on the document, which is printed in both English and Arabic. The issuing office is also required to affix a stamp.
What Constitutes an Eviction Notice?
An eviction notice, also known as a legal notice, can be issued by a landlord to a tenant, instructing them to vacate a residential or commercial property. For the eviction notice to be legally valid, it must follow a specific format and bear notarization before it can be delivered to the tenant by a notary public or sent via registered mail. Only the legitimate reasons specified in Dubai’s tenancy laws can be used as grounds for serving an eviction notice. Any eviction notice issued in violation of these tenancy laws is considered null and void.
Under 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), a landlord has the authority to issue an eviction notice to a tenant for various legal reasons. The legislation outlines two distinct scenarios in which eviction is permissible:
1. If a tenant breaches the terms of the lease agreement or violates any applicable laws during the tenancy period, the landlord can initiate eviction proceedings.
2. Even in cases where the tenant has not violated any laws or lease provisions, the landlord retains the right to request the tenant’s eviction for legitimate reasons after the expiration of the tenancy agreement.
Article 25(1) of Law No. 33 of 2008 enumerates the specific infractions that allow the landlord to seek the tenant’s eviction before the contract’s conclusion, ensuring clarity in the process.
The tenant may be subject to eviction from the real property before the expiration of the tenancy term in the following scenarios:
1. Failure to pay the rent, or any portion thereof, within thirty (30) days after receiving a notice to pay from the landlord, unless mutually agreed upon by both parties.
2. Subletting the real property, or any part of it, without obtaining written approval from the landlord, leading to the eviction of both the tenant and sub-tenant.
3. Using the real property for illegal purposes or activities that disrupt public order or moral standards.
4. Leaving commercial real property unoccupied for thirty (30) consecutive days or ninety (90) non-consecutive days within the same year without valid reasons, unless otherwise agreed by both parties.
5. Making alterations to the real property that render it unsafe, prevent it from being restored to its original condition, or intentionally cause damage through negligence or permitting others to do so.
6. Using the real property for purposes other than those specified in the lease agreement or violating prevailing planning, construction, and land-use regulations in the Emirate.
7. When the real property is condemned, the landlord provides evidence through a technical report issued or attested to by Dubai Municipality.
8. Failure to fulfill any obligation mandated by the law or the terms of the tenancy contract within thirty (30) days of receiving a notice from the landlord.
9. Demolition or reconstruction of the real property as required by competent government entities by urban development requirements in the Emirate.
The landlord will convey such eviction notifications to the tenant either through a notary public or registered post.
2. An eviction notice is issued upon the expiration of the lease agreement in the following circumstances:
If the property owner intends to embark on new construction, demolition of the existing structure, or both,.
– In cases where significant renovations or modifications are required for the rental property, which cannot be carried out while the current tenant occupies the premises.
– When the property owner or their immediate family members seek to reclaim the property for their use.
The landlord is obligated to inform the tenant about the impending eviction, with a minimum notice period of 12 months before the scheduled eviction date. This notice must be formally communicated through a notary public or registered mail.
Eviction Notice Process in the UAE: Follow These Steps
To ensure the legal validity of an eviction notice in the UAE, it must adhere to specific guidelines and be in writing.
Step 1: Drafting the Notice
The initial phase involves the Landlord drafting the eviction notice, a crucial document that must be notarized by a certified notary public. Given the intricate regulations involved, it is recommended to engage a property lawyer to prepare the Tenant’s eviction notice.
Step 2: Notarization by a Notary Public
Once an official-looking document has been notarized, the tenant must furnish the following essential information:
1. Language Choice: While Arabic is commonly used in the Ejari papers, the rental contract, and the documentation involving both the landowner and the tenant, English or Arabic may also be employed at the tenant’s discretion.
2. Property Details: The notice should specify the exact location of the leased property and state the reason for not renewing the lease for a specific term.
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3. Notice Period and Compensation: Along with the mandatory 12-month notice period, it should be emphasized that the tenant will be held accountable for compensating any losses incurred if they delay vacating the property after the notice period expires.
Step 3: Delivery to the Tenant
The eviction notice can be delivered to the tenant through various methods, including registered mail, courier services, or notary public. The term “registered mail” is frequently used to refer to a postal courier service that requires a recipient’s signature upon delivery, eliminating the possibility of the tenant claiming a non-receipt.