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Tenancy

Tenancy

Eviction Notice

My tenancy expires in two weeks time.  I have just received a notice to terminate from my landlord, ordering me to vacate my home on the expiry of my tenancy, in two weeks time.  My landlord knows that he can get a lot more rent if he re-lets the property to a new tenant, as I have been in occupation many years and am protected from rental increases that exceed that permitted by Dubai Law, as per the Land Department’s rental calculator.  I believe that this is the motivation for my landlord’s notice.  My landlord has threatened “legal action” if I fail to vacate in two weeks.  His notice to vacate was not signed before a notary public.  Do I need to vacate in two weeks?

 

No you do not.  Unfortunately, this type of query is very common; there are many unscrupulous landlords who try to get away with this type of poor behavior.  Dubai law provides a lot of protection for tenants.  A landlord can only demand that a tenant vacate a property on expiry of his/her tenancy contract in limited circumstances, as prescribed by Article 25 of Law No 33 of 2008.  Those circumstances include:

  1. if the landlord wishes to demolish the property for reconstruction or to add new constructions;
  1. where the property requires renovation or comprehensive maintenance which cannot be executed while you are occupying the property;
  1. if the landlord wishes to recover the property for use by him personally or by his next of kin of first degree, provided that he proves that he does not own a suitable alternative property for that purpose; or
  1. if the landlord wishes to sell the property.

In all of the above mentioned cases, the landlord would need to notify you with reasons for the eviction at least twelve months prior to the determined date of eviction; such notice would need to be sent via the notary public in Dubai, using their template form “Legal Notice”, or by registered mail.

Claire McCarthy
Senior solicitor, authorised and regulated by the SRA (England & Wales)
Real Estate (residential and commercial)
Email:  claire.mccarthy@jamesberrylaw.ae

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