According to an expert, under the new regulation, eviction notices are now linked to the property rather than the specific landlord.
A legal expert informed Arabian Business that there has been a “significant legal transformation” allowing eviction notices to be transferred with a property sale. In the past, new owners had to issue a new 12-month eviction notice even if one had been previously served. With this updated interpretation, the eviction notice is now linked to the property rather than the specific landlord, streamlining the process for property transactions.
“Law No. 26 of 2007, amended by Law No. 33 of 2008, has undergone a shift in interpretation, sparking a debate on the implications of eviction notices,” stated Mahmoud Kreidie, a lawyer from the Dubai-based law firm BSA.
A significant development in the UAE’s legal framework involves the transferability of eviction notices in case of a change in property ownership. Traditionally, new property owners were required to request a new 12-month eviction notice, even if the tenant had already received notice from the previous owners,” he clarified.
However, a recent court decision acknowledged by the Dubai Rental Dispute Centre (RDC) in late summer 2023 has altered this practice. Eviction notices are now considered transferable, bringing a degree of stability to the overall real estate market in the emirate.
How do eviction notices work in Dubai?
According to the law, landlords are required to provide tenants with a minimum of 12 months’ notice for eviction during any phase of the tenancy agreement. The formal notification should be conducted through recognized channels, such as the notary public or registered mail, to serve as legal evidence.
Property owners must justify terminating a tenancy agreement. Legally, landlords can only evict tenants who:
1. Fail to pay rent or a portion within 30 days’ notice from the landlord.
2. Sublease the property without landlord consent.
3. Pose a structural danger supported by a technical report.
4. Use the property for illegal purposes or permit others to do so.
5. Utilize the property differently from the specified leasing purposes.
6. Make alterations jeopardizing property safety, failing to rectify within 30 days’ notice.
7. Violate tenancy rules within 30 days’ notice from the landlord.
Landlords can terminate if they:
1. Require the property for personal use, prohibiting renting for 2 years.
2. Intend to demolish, reconstruct, or sell the property.
3. Need essential maintenance or renovations unsuitable while the tenant resides there.
Authorities have established guidelines to protect tenants from unscrupulous practices while also supporting investors. A landlord can only evict a tenant for specific legal reasons like construction work or personal use, with proper 12-month advance notice through an official notary.
“The recent legal adjustment in the UAE regarding the transferability of eviction notices demonstrates a nuanced strategy aimed at equitably addressing the concerns of both landlords and tenants,” he remarked.
This brings increased stability for all parties, enabling investors to rely on eviction notices for property disposal when necessary, while ensuring tenants remain safeguarded and cannot be arbitrarily ousted.
The decision achieves a harmonious equilibrium between the interests of property owners and tenants in Dubai’s thriving real estate market. Escalating rents have led to conflicts between landlords and tenants, prompting more Dubai residents to opt for property ownership to steer clear of such disputes.
“Tenants should be mindful of their right to challenge eviction based on valid legal grounds, ensuring adherence to due process,” he emphasized.
“They have specific legal avenues available to contest eviction notices.”
Challenging an eviction demands a thorough examination of the law. Should a tenant perceive an eviction notice as unjust or invalid, seeking legal advice becomes essential for their protection.
“Comprehending the details of the served notice, its compliance with legal procedures, and identifying possible breaches are pivotal in constructing a successful defense. The RDC holds a significant role in resolving such disputes, providing tenants with a platform to present their case and pursue equitable resolutions,” Kreidie emphasized.
“The legal landscape is fluid, and interpretations may undergo changes over time.”
