Introduction – Eviction in Dubai
Understanding the eviction process in Dubai is important for both tenants and landlords. Currently we are getting loads and loads of usually tenants who have received an eviction notice and they do not know how to act.
Being the firsts questions asked: “Can I stay in the property?” “For how long?”, “Is the Landlord right?” “Can my Landlord Evict me?” “Can he/she raise the rent?
That is why in this publication we will proceed to answer the most frequently asked questions and give some basic tips before receiving an Eviction Notice.
Regulation
Rental Laws in Dubai: The primary legislation governing rental agreements is Law No. 33 of 2008, building on Law 26 of 2007, regulating the relationship between Landlords and Tenants.
In line with the regulations, below a practical glossary on important aspects:
Tenancy Contracts:
- A tenancy contract is a legally binding agreement between the landlord and the tenant. It should include important details such as the tenancy period, rent amount, payment terms, and other terms and conditions agreed upon by both parties.
Grounds for Eviction in Dubai:
- As a tenant in Dubai, you can be evicted if you breach the terms of your tenancy contract. Common reasons for eviction include non-payment of rent, subletting without permission, causing damage to the property, or engaging in illegal activities on the premises.
Notice Period:
- If a landlord wishes to evict a tenant, they must provide written official notice of one year.
Dispute Resolution:
- In case of disputes, both landlords and tenants can approach the DLD’s Rental Disputes Center (RDC) to seek resolution. The RDC acts as a specialized judicial body to handle rental-related disputes and aims to resolve cases efficiently.
Can a rent increase be applied?
The DLD provides a Rental Index that can be used to verify if a rent increase is permissible.
The Rental Index is a comprehensive guide that sets out the maximum rental increase allowed for different areas and types of properties in Dubai. It serves as a reference point to ensure fair rental prices and protect the rights of both landlords and tenants.
To use the Rental Index, follow these steps:
- Visit the DLD’s official website.
- Look for the “Rent Increase Calculator” or “Rental Index” section. The exact location and naming may vary, so you may need to explore the website or use the search function to find it.
- Enter the details of the property, such as the location, type (apartment, villa, etc.), number of bedrooms, and current rent.
- The calculator will provide you with the maximum permissible rent increase based on the information provided. This will help you determine if a proposed rent increase is within the allowed range.
It’s important to note that the Rental Index is updated annually, so make sure to check for the most recent version to ensure accurate information. The Rental Index is typically published in the form of a downloadable PDF document or an online calculator.
By referring to the Rental Index, both tenants and landlords can have a transparent and regulated framework to determine fair rental prices and avoid any potential disputes.
Steps to follow after receiving a notice of eviction in Dubai
If you have received an eviction notice from your landlord, it’s important to take the appropriate steps to protect your rights and ensure a smooth process. Here are the general steps to follow in such a situation:
- Review the Eviction Notice: Carefully read and understand the eviction notice provided by your landlord. Take note of the reason for eviction, the notice period given, and any specific instructions or conditions mentioned.
- Seek Legal Advice: If you have any doubts or concerns about the eviction notice, consider consulting a lawyer who specializes in real estate or tenancy laws in Dubai. They can provide guidance based on the specifics of your situation and help you understand your rights and options.
- Respond within the Required Timeframe: Depending on the terms of your tenancy agreement and the reason for eviction, you may need to respond to the eviction notice within a specific timeframe. Ensure that you adhere to the given timeline to avoid any potential complications.
- Negotiate or Mediate: If you believe the eviction notice is unjustified or there is room for negotiation, you can try discussing the matter with your landlord or their representative. Mediation can be a useful option to reach a mutually agreeable resolution with the assistance of a neutral third party.
- Document Communication: Keep records of all communication with your landlord regarding the eviction notice. Maintain copies of any letters, emails, or text messages exchanged. This documentation may be important if the dispute escalates and legal action is required.
- Gather Evidence: If you believe the eviction notice is unjustified or there are extenuating circumstances, gather any evidence or relevant documents that support your position. This can include rent payment receipts, maintenance requests, or any other relevant records.
- Comply with Notice Period: If the eviction notice is deemed valid, ensure that you comply with the notice period specified in the notice. This includes vacating the premises and returning the keys within the required timeframe.
- Attend Rental Disputes Center (RDL): If you are unable to resolve the matter through negotiation, you may consider approaching the RDC. Prior to it is advisable that you obtain legal advice to understand the viability of success and registration costs involved.
Conclusion – Eviction in Dubai
It is important to note that laws and regulations may change over time, so it’s advisable to consult the latest sources and seek legal advice when necessary. Additionally, it’s always a good idea to review your specific tenancy contract and understand the terms and conditions outlined therein.
We hope this post will help you understand the eviction notice process in the UAE and remain available for any questions regarding this post of general application.
For more information published in English you can visit all our publications at this link as well as the videos in English of our Managing Partner Maria Rubert.
*The information on this page is not intended to be legal advice. This publication is intended to provide an initial introduction to tenancies and eviction reasons in the UAE.