Managing holiday homes in Dubai has some special challenges. This is true, especially when it is time to issue an eviction notice. A landlord may face issues like unpaid rent, wants to sell a property, or plans to move back into the home. A notice of eviction must follow the laws in Dubai to be valid. The rules between landlords and tenants in Dubai help protect both sides. They also provide a clear way to handle problems.
This guide explains how eviction notices function in Dubai. It also compares them with those in other countries. Lastly, it highlights important legal rules that landlords and tenants should understand.
What Is an Eviction Notice?
An eviction notice is a legal paper that a property owner gives to a renter. It informs the renter that their lease is ending and they need to move out. The notice states the reason for the eviction, such as not paying rent or breaking rules. It also tells the renter how much time they have to leave, following local laws.
When Can a Landlord Serve an Eviction Notice in Dubai?
Under Law No. 33 of 2008, which amends Law No. 26 of 2007 regulating landlord-tenant relationships in Dubai, landlords may serve eviction notices under two main scenarios:
Before the Lease Expires (Violation of Terms)
Article 25(1) outlines violations for which a landlord can evict a tenant before the contract ends:
Non-payment of rent within 30 days of the landlord’s notice.
Subletting without the landlord’s written consent.
Engaging in illegal or immoral activities or allowing others to do so.
Leaving a commercial property unoccupied for 30 consecutive or 90 non-consecutive days without valid reason.
Damaging or altering the property in a way that makes it unsafe or unreparable.
Using the property for purposes other than those specified in the lease.
Failing to comply with lease conditions within 30 days of receiving a landlord’s notice.
Notice Requirement A formal notice must be issued through the Notary Public or registered mail, allowing the tenant a final chance to correct the violation before legal action.
After the Lease Expires (Lawful Grounds)
A landlord can request eviction upon the expiration of the lease for the following reasons:
Plans to demolish or rebuild the property.
The need for extensive repairs that cannot be done while the property is occupied.
The property is required for personal use by the landlord or their first-degree relatives.
Notice Requirement The landlord must provide 12 months' notice of eviction through the Notary Public or registered mail.
Key Points to Note:
Formal Notification
All eviction notices must be legally documented and served via a Notary Public or certified mail.
Tenant Protections
Tenants have the right to correct violations where applicable or receive sufficient notice for lawful eviction upon lease termination.
Differences Between Tenant Eviction in Dubai and Other Countries
The procedures for evicting a tenant in Dubai (in the UAE) can vary from those in other countries, according to guidance provided by UpperKey. The important thing to remember is to always follow the specific laws pertaining to the country in which you have to give a tenant notice.
Country | Notice Period | Reason for Eviction | Notice Delivery | Special Regulations |
Dubai (UAE) | 30 days for violations; 12 months for personal use or sale | Non-payment of rent, illegal activities, subletting without consent, personal use, or property sale | Written notice via registered mail or public notary | Governed by RERA. Eviction for major repairs or demolition requires 12 months' notice and compliance with RERA guidelines. |
United States | Varies by state (e.g., 30-60 days) | Non-payment of rent, lease violations, property damage, or personal use | Formal letter, sometimes delivered by a sheriff | State-specific landlord-tenant laws. Some cities have rent control and just-cause eviction requirements. |
United Kingdom | 2 months (Section 21) or 14 days (Section 8) | End of tenancy, non-payment of rent, breach of tenancy agreement | Written notice in prescribed form | Compliance with Housing Act 1988. Section 21 requires no fault; Section 8 needs specific grounds for eviction. |
Australia | 14 to 120 days, depending on reason and state | Non-payment of rent, property sale, personal use, or significant repairs | Written notice; in-person or registered mail | Tenancy laws differ by state. Strict rules apply for repairs and personal use evictions. |
Germany | 3 to 9 months based on tenancy length | Personal use, significant renovations, or tenant breach | Written notice delivered personally or by post | Tenant protections are strong. Evictions for personal use require valid reasons and long notice periods. |
France | 3 months | Non-payment of rent, tenant breach, personal use, or sale of property | Registered mail or bailiff | Rent control laws in major cities like Paris. Legal assistance often required for eviction disputes. |
Canada | Varies by province (e.g., 14 days to 3 months) | Non-payment of rent, property sale, major renovations, or tenant breach | Written notice, often using provincial forms | Provincial tenancy boards mediate disputes. Evictions for renovations are subject to strict regulations. |
Spain | 30 days or more | Non-payment of rent, tenant breach, property sale, or personal use | Written notice, usually via court procedure | Strong tenant protections. Eviction for non-payment often requires court approval. |
Japan | No fixed period (requires "reasonable time") | Non-payment of rent, misuse of property, or lease expiry | Written notice; typically formalized by court | Strong tenant rights. Evictions usually require court proceedings and compensation for tenants. |
However, despite the differences identified by UpperKey, all notices will contain certain common elements. These are a notice period, the form of the notice (e.g., a formal letter), and the reasons why giving notice is permitted (e.g., a failure to pay the rent). It will include both parties’ details and relevant dates. It may have to be handed over in a specific manner.
Let us look at how to evict a tenant notice in Dubai, specifically.
Landlord and Tenant Rules in Dubai
The relationship between landlords and tenants in Dubai follows clear rental rules. These rules are set by the Real Estate Regulatory Agency (RERA). They explain the rights and duties of both sides. This framework helps manage properties fairly in Dubai.
Key legislation includes:
Law No. 26 of 2007: This law sets the rules for how landlords and tenants should interact. It includes the agreements they make, their rights, and their duties.
Law No. 33 of 2008: This law updates the previous one. It gives new rules for rental contracts and how to handle issues.
Decree No. 43 of 2013: This decree limits how much rent can go up. It uses the RERA Rental Index for these limits.
RDSC (Rent Disputes Settlement Centre): This center offers a clear way to handle problems between landlords and tenants. It covers issues like eviction and rent increases.
These laws create a safe rental market. They protect both sides and help build trust.
Key Clauses for Ending Tenancy
Dubai rental laws allow renters to stay in a home after the lease is up if some conditions are met. This can happen if the owner does not give a formal notice.
Article 6 of Law No. 26 of 2007
If a rental agreement ends and the tenant remains in the property without a written notice from the landlord, the lease will automatically renew. This renewal will last for one year or for the time of the old lease, whichever is shorter. During this time, the landlord cannot increase the rent or remove the tenant unless there are legal reasons to do so.
Article 28 of Law No. 26 of 2007
Protects tenants from eviction if the property is sold to a new owner. The buyer must honor the terms of the existing lease and cannot evict the tenant or increase rent during the lease term.
These provisions ensure tenant stability while safeguarding landlords’ rights.
How Tenants Can Terminate a Lease in Dubai?
In Dubai, tenants cannot end a rental agreement on their own. Any changes or early endings must be agreed upon by both sides. Article 7 of Law No. 26 from 2007 says that:
Any changes to the lease need to be in writing and agreed by both the owner and renter.
Article 27 of Law No. 26 of 2007 explains that if either the owner or renter passes away, the lease still stays. It then becomes a duty for the heirs. They can give a notice of 30 days or the rest of the lease, whichever is shorter, to end the agreement.
If a contract has a clause about ending it early, that rule must be followed. If not, tenants might have to pay rent until the lease ends.
What Is the Process for Serving an Eviction Notice in Dubai?
To give a real eviction notice in Dubai, landlords must follow three main steps:
Step 1. Making the Notice
Get a lawyer in the UAE to help make the notice. This will ensure you follow the tenancy rules. The notice needs:
Details about the landlord, the tenant, and the property.
A reason for eviction (like selling, personal use, or breaking the lease terms).
A notice time of 12 months for proper evictions.
Step 2. Signing the Notice
Show important papers, like the lease and Ejari registration. A notary public will sign the notice, making it legally real.
Step 3. Delivering the Notice
Send the notice by:
A Notary Public service for official records.
Registered mail or a courier, which requires a signature to show it was received.
Following these steps helps ensure the notice follows Dubai's rental rules. It also keeps your legal rights safe.
How Can UpperKey Assist You?
Before you send an eviction notice to a renter, it is important to get help from an expert. This can help you avoid problems with the law and follow rental rules in Dubai. UpperKey is here to support landlords with property management. We help with the eviction process. We can write notices that follow the law. We also work with renters and manage needed paperwork. UpperKey makes sure everything is done right and follows local rules.
