If you’ve been asking around to find out how to serve your tenant with a legal or eviction notice, you may keep asking from one person to another who cannot provide you with any helpful guidance. All the ambiguous information you receive from various sources may be intimidating, especially if you’re outside the UAE, where you’ll feel powerless and without options. Fortunately, Notary Public Dubai offers a service that will be genuinely helpful in managing your properties situated in the UAE.
Eviction Notice: What is It?
A landlord may ask a tenant to leave an apartment or office by sending them an eviction notice, also known as a legal notice. The eviction notice must follow a particular format and be notarized before it can be delivered to the tenant by a notary public or sent by registered mail to be legal. Only the legal reasons outlined in Dubai’s tenancy regulations may be used to deliver an eviction notice. It is invalid to serve an eviction notice that does not adhere to the tenancy legislation.
When is a Landlord Entitled to Serve an Eviction Notice to a tenant?
According to Law No. 33 of 2008, Amending Law No. 26 of 2007 regulating the Relationship between Landlords and Tenants in the Emirate of Dubai (Tenancy Law), a landlord may file a lawsuit against their tenants and ask for their eviction for a few legitimate grounds. According to the legislation, there are two sorts of evictions permitted:
1) If a tenant violates the lease agreement or the law before the expiry of the tenancy period, the landlord may seek eviction;
2) If the tenant has not violated the terms of the tenancy agreement or the law, the landlord may nonetheless demand eviction of the tenant upon the expiry of the tenancy contract for lawful reasons.
Eviction Notice in case of breach of tenancy law or lease agreement clause:
Article 25(1) of the Law No. 33 of 2008, which governs the relationship between landlords and Tenants in Dubai, there are several violations for which the landlord may demand the tenant be evicted before the contract’s expiration:
- A Tenant doesn’t pay all or part of the rent within thirty (30) days of the landlord’s notification that it’s due.
- If the tenant sublets the entire property without the landlord’s written consent.
- The tenant engages in improper or immoral behaviour while using the property or permits others to do so.
- If the rented property is a commercial store and the tenant abandoned it for 30 consecutive days or 90 non-consecutive days in one period without occupying it or having a valid cause,
- If the tenant alters the property in a way that makes it unsafe and prevents it from being repaired, or if he damages the property knowingly, recklessly, by failing to take reasonable measures, or by allowing others to do so.
- If the tenant makes use of the property for reasons other than those for which it was rented
- If, after receiving an eviction notice from the landlord to comply with the requirements or restrictions, the tenant fails to follow within thirty days.
Before requesting the eviction, a landlord must give the tenant a formal notice urging them to correct the violation. Legal notice functions as the last caution to a tenant that the landlord is ready to take legal action and that this is the last chance for the tenant to make things right before the landlord can seek eviction. The landlord must use the Notary Public or certified mail to notify the tenant.
Eviction Notice Upon termination of the lease agreement:
The landlord may request eviction of the tenant in the following circumstances:
- If the property’s owner wants to destroy it and build something new, or both
- If the property needs extensive repairs or renovations that can’t be made while the renter is living there,
- If the property owner wants to get it back, he or his first-degree relatives may utilise it.
Subject to such notice being issued through the Notary Public or by registered mail, the landlord must provide the tenant with notice of the impending eviction at least twelve months before the scheduled eviction date.
Read More: Obtaining DEWA/SEWA bill true copy attestation in Dubai
Eviction Notice: Required Procedure to follow
For it to be legally binding, an eviction notice must be drafted and delivered in a certain way.
First step: Drafting
The first step in this procedure is for the landlord to get it typed out at a notary public. It is recommended to have an eviction notice to a Tenant be written by a UAE-based lawyer because there are specific guidelines that must be followed when writing such a letter. In addition to saving you time and money, this will reduce the possibility of rejection from third parties or governmental bodies.
2. Second Step: Issue of Eviction Notice to a tenant by Notary Public
It is more formal to get a document notarized. Before this legal notice is created, the landlord will have to present several papers such as:
- The lease agreement,
- The Ejari paperwork, and
- Two parties are named in this legal notice, the landlord and the tenant which are often written in Arabic but may alternatively be in English and Arabic (tenant).
- The location of the rented property and the justification for not extending the lease over a specified time frame are acknowledged.
- A provision stating that the renter would be responsible for restitution for losses and damages upon any delay in quitting the property after the notice time has expired is also noted, along with the required 12-month notice term.
3. Third and Last Step: Serving of Eviction Notice to a tenant through registered mail or postal courier service
The tenant will subsequently be served with the eviction notice by a notary public or a registered postal courier service, which is the last but not least step. A postal courier is commonly referred to as registered mail. The receiver cannot claim they never got a document transmitted in this method since it requires a signature at the delivery end.
Read more: Ejari True Copy Attestation in the UAE
How may Notary Public Dubai assist you?
Before serving an eviction notice to a tenant, it is usually advisable to seek legal counsel to prevent potential legal complications and ensure that the notice is sent following tenancy legislation. Notary Public Dubai can help customers worldwide with legalization and attestation inside and outside the UAE. Please email us at email@example.com if you have any questions or want to employ our services if you are concerned about this process.
Hassan Humaid Al Suwaidi is a UAE Citizen and the founder of the firm HHS Lawyers. He has a vast experience of 20 years of dealing with high-value and complex notary requirements. Hassan has been involved in some of the largest legal settlements in the UAE and is commended for his ability to attain the most favourable outcomes for his clients.