Dubai is a place, where an eviction cannot be issued by a simple message or writing an informal letter. UAE tenancy laws are strict. The notice can be invalidated on any mistake in form or legal grounds. It is a difficult task more so when you are an overseas property manager.
The good news is that, an eviction notice can be written in a manner that they may be notarized and served upon you even when you are absent. This guide explains what eviction notice involves, the situations where eviction notice can be provided, how a tenant can be evicted, and how exactly the process of notarization ought to be undertaken according to the legislation of tenancy in Dubai.
What is an Eviction Notice in Dubai?
Eviction Notice – also known as Notice or Notice to Evict – is a formal document issued to a tenant, as a result of which the owner of the residential or commercial dwelling requires its emptying. Like it is perfectly common in Dubai, such a letter must be in legal form and must be notarized by a Notary Public Dubai.
In case the eviction notice is not issued in compliance with Dubai tenancy, it will not be acted upon in courts despite the fact that the claim of a landlord may be right.
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Eviction Due to Violation of Tenancy Contract in Dubai
According to the Dubai Law No. 33 of 2008 (a revision of the Law No. 26 of 2007), tenants can only be evicted by their landlords due to certain reasons identified by the law. There are two wide categories of evictions:
Forcible eviction prior to the expiry of the lease as predetermined by breach of law or breach of the lease agreement by the tenant.
Expiry- On the expiry of the lease, the tenant can be evicted on lawful grounds as long as he has fulfilled his obligation.
Anything that falls outside of this is not legal.
Eviction After Expiry of Tenancy Contract in Dubai (12-Month Notice Rule)
Article 25 (1) in Law No. 33 of 2008 gives some of the circumstances when a landlord can ask to be evicted before the expiry of the tenancy contract which includes:
Non payment of rent (whole or part) within 30 days of written notice.
Leasing the property without written permission of the landlord.
An illegal, immoral or improper usage of the property.
Abandonment of a commercial property of:
Thirty consecutive days, or
A total of 90 non consecutive days in a year.
Destruction of the property willfully or out of carelessness.
Misuse of the property by not using it as per the agreed purposes in the lease.
Violation of the conditions of the contractual obligation within a period of 30 days before a formal warning.
The landlord has to provide a formal notice before applying to evict the tenant, which allows the latter to have a final opportunity to rectify the problem. It should be sent through public or registered mails.
Although it has been established that the period of rent default eviction is 30 days, the landlords should be mindful of the fact that eviction due to non-payment of rent would need to have a notice and be allowed by the court before such an eviction process could occur. This could be based on circumstances and also on the tenancy contract.
Eviction Due to Lapse of Time in Tenancy Contract
Even with the circumstances that the terms of the tenancy agreement are not violated by a tenant, eviction can still occur under the tenancy agreement after the termination of the tenancy agreement in the following conditions:
The building owner intends to tear it down and rebuild it.
The house requires a lot of renovation that is not achievable when they are staying.
The dwelling will be occupied by the first-degree relatives or the landlord.
But, in the case of eviction, then a written notice of not less than 12 months must precede the eviction. This may only be done either by a notary public or certified mails and must become consistent with the registered tenancy record just like a procedure in the tenancy contract attestation.
Eviction Notice Process in Dubai – Step-by-Step Legal Procedure
The court is only at liberty to back up an eviction notice in case the landlord went through the correct legal procedure.
Step 1: Preparation of the Eviction Notice in Dubai
The landlord is supposed to prepare the eviction notice based on the tenancy law in the UAE. Flaws can occur on any side which can make it invalid. Employing a UAE legal practitioner who is knowledgeable in legal drafting & notarization would be extremely recommendable to prevent the judicial or other authority rejection.
Step 2: Notarization of Eviction Notice in UAE
The eviction notice written should be validated by the landlord. The landlord can demand provision of:
Tenancy contract
Ejari registration certificate
Discovery of landlord and tenant
The notice must contain:
Property location
Legal basis of eviction
Termination of employment (usually 12 months)
Rental pay and information on security deposit and rent-related charges on rented property
As a rule, the notification is provided either in Arabic or bilingual (Arabic and English). To ensure accuracy, some landlords refer to a notary documents guide.
Step 3:Serving the Eviction Notice to Tenant
The landlord should provide the notice signed by notary or mail is signed by him to the tenant. This is to provide evidence of service because the notice will be duly documented. This step is as critical as verifying company structures like MOA vs AOA for commercial properties.
Why Legal Assistance is Important for Eviction Notice in Dubai
Even an eviction notice written by an ordinary person can prove to be more problematic than valuable. A wrong notice may delay the eviction process, undermine the case of the landlord in court, and cause loss of money.
That is why, eviction notices frequently are associated with the same high-verification discipline that is implemented to such documents as drafting affidavit UAE or true copy attestation where precision and legality are of great concern.
Legal Procedure for Eviction Notice Notarization in Dubai
Step 1: Prepare the Eviction Notice as per UAE Law
The eviction notice should be explicit on the legal basis of the eviction, the property particulars and the relevant period of the notice. The language should adhere to tenancy laws in Dubai, because any imperfection will be tantamount to nullity of the notice.
Step 2: Arrange Required Documents for Notarization
The landlord has to collect all the documents needed such as tenancy papers and identification and then proceed with the notarization.
Step 3: Notarize the Eviction Notice through UAE Notary Public
The notice is submitted to a licensed notary public to acknowledge the existence of the notice. Where the landlord is not a citizen of the UAE, they may be given the go-ahead by a Special Power of Attorney Dubai.
Step 4: Obtain Official Notary Stamp and Signature
With the validation, the official stamp and signature are made by the notary which establishes the eviction notice as a valid law.
Step 5: Serve the Notarized Eviction Notice
The written notice, which has been signed and dated by a notary, shall be served to the tenant via registered mail or any other official medium where confirmation of receipts will be evident.
Consequences of Invalid or Improper Eviction Notice in Dubai
In case the eviction notice is not notarized where doing so is legally mandatory, it can be deemed invalid by the courts or by the Rental Dispute Settlement Centre (RDSC).
Contest Rights:
The validity of the grounds of the landlord notwithstanding, an unnotarized notice gives the tenant the right to contest the eviction.
Delays:
This usually translates into procrastinations, rejection of eviction attempts and other litigation expenses.
Procedural Reset:
As an illustration, in the case where a landlord wants to be evicted at the expiry of a lease without giving a notarized 12 months notice, then the court can refuse to listen to the case as a whole and they need to do the same procedure once again.
Who Can Notarize an Eviction Notice in Dubai?
Notarization of eviction notices in Dubai can be done exclusively by authorized bodies that are recognised by the UAE law. These include:
Licensed UAE notary publics
Offices of notaries commissioned by government
Authorized online notary systems
Jurisdiction matters. The notarization should be done by the person who is recognised in the emirate of the location of the property and is required to match with the official tenancy records.
Required Documents for Eviction Notice Notarization in UAE
Notarization of an eviction notice in Dubai normally requires the following forms:
| Category | Required Documents |
|---|---|
| Mandatory | Original eviction notice, Passport or Emirates ID of the landlord, Valid tenancy contract, Ejari certificate, Proof of property ownership (Title Deed). |
| Optional | Sanction papers of representatives, Company documents (if landlord is a corporate entity), Extra tenant information. |
It is imperative that the documentation is done appropriately just like it is done in order to attest salary certificates or attestation of a degree certificate, where lost documents can mean rejection.
Eviction Notice Cost in Dubai – Notary and Legal Fees
The eviction notice notarizing cost differs according to the emirate, the notarizing method, and complexity of the documents. Costs may vary based on:
Government notary fees
Online vs. offline notarizing
Number of pages or supporting documentation
Extra costs might be paid in the form of courier or rush processing. The general direction on charges can be cited under Notary Service Fees, but precise expenses will vary according to the case.
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Frequently Asked Questions About Eviction Notice in Dubai
Step 1: Prepare the eviction notice
The eviction notice should be explicit on the legal basis of the eviction, the property particulars and the relevant period of the notice. The language should adhere to tenancy laws in Dubai, because any imperfection will be tantamount to nullity of the notice.
Step 2: Organize the supporting documents
The landlord has to collect all the documents needed such as tenancy papers and identification and then proceed with the notarization.
Step 3: Have the eviction notice notarized
The notice is submitted to a licensed notary public to acknowledge the existence of the notice. Where the landlord is not a citizen of the UAE, they may be given the go-ahead by a Special Power of Attorney Dubai.
Step 4: Secure notarized stamp and signature
With the validation, the official stamp and signature are made by the notary which establishes the eviction notice as a valid law.
Step 5: Issue the eviction notice
The written notice shall be served to the tenant via registered mail or any other official medium where confirmation of receipts will be evident.
What will occur in case an eviction notice is not notarized as necessary?
In case the eviction notice is not notarized where doing so is legally mandatory, it can be deemed invalid by the courts or by Rental Dispute Settlement Centre. The validity of the grounds of the landlord notwithstanding, an unnotarized notice gives the tenant the right to contest the eviction. This usually translates into procrastinations, rejection of eviction attempts and other litigation expenses. As an illustration, in the case where a landlord wants to be evicted at the expiry of a lease without giving a notarized 12 months notice then the court can refuse to listen to the case as a whole and they need to do the same procedure once again.
Who is able to notarize an eviction notice?
Notarization of eviction notices in Dubai can be done exclusively by authorized bodies that are recognised by the UAE law. These include licensed UAE notary publics, offices of notaries commissioned by government, and authorized online notary systems. Jurisdiction matters.
Papers required in the eviction notice and they must be notarized
Notarization of an eviction notice in Dubai normally requires mandatory documents like the original eviction notice, Passport or Emirates ID of the landlord, valid tenancy contract, Ejari certificate of registration, and proof of property ownership. Optional documents include sanction papers of representatives or company documents in which the landlord is a company.
Eviction notice notarizing fee
The eviction notice notarizing cost differs according to the emirate, the notarizing method, and complexity of the documents.