Eviction of tenant prior to expiry of tenancy period in the emirate of Dubai When the landlord entitled to vacate the tenant in the emirate of Dubai WhatsApp: +971555570005
Eviction of tenant prior to expiry of tenancy period
When the landlord entitled to vacate the tenant in the emirate of Dubai
The UAE legislator made sure that the law governs the relationship between the landlord and the tenant by what this legal coverage means of preserving the rights of both parties and protecting them from the exploitation of the other party. In Dubai emirate the law of “regulating the relationship between landlords and tenants in the emirate of Dubai” law no.33 of 2008. Which came as an amendment to the law (26) of 2007 which applies to land and real estate in the emirate .and excludes real estate provided by natural or judicial persons for the residence of their employees without charging rent for it, the law specified the nature of the tenancy relationship and the mechanism regulating it in article “4” of law no.33 which reads as follow:
“The tenancy relationship between a landlord and tenant shall be governed by a tenancy contract describing the property in details, the purpose of tenancy, period, rent and the name of owner if the owner is not the landlord” .
Neither parties have the right to terminate the tenancy contract except by mutual consent in accordance with article (7) of law no.26 of 2007 which reads as follow:
“If the tenancy contract is due and valid .it cannot be unilaterally terminated by the landlord or the tenant. Unless both parties agreed on such termination or in accordance with the provisions of this law”.
However the legislator authorized the landlord to demand eviction of tenant prior to expiry of tenancy period in specific cases specified by article (25) of law No.33 of 2008 and these cases are:
1. If the tenant fails to pay rent value, or part thereof, within thirty (30) days of landlord notification for payment .
This is shown in article No.25 paragraph (A) which reads as follow:
“Landlord may demand eviction of tenant prior to expiry of tenancy period in the following cases”
• If tenant fails to pay rent value, or part thereof, within thirty (30) days of landlord’s notification for payment; unless parties agreed otherwise.
The principle of tenancy relationship is based on the benefit of the landlord from an amount of money against tenant’s use of property as confirmed by article (2) of law No.33 of 2008 which reads as follow:
“Tenancy contract: The contract by which the landlord is committed to enable tenant to benefit from the property for specified purpose and period against specified consideration” .
2. If the tenant subleases the property or part thereof without landlord’s approval.
This is the second case mentioned in article (25) paragraph (B) which reads as follow:
“If the tenant subleases the property or part thereof without landlord’s written approval and in such case eviction shall be applicable to the tenant and the subtenant, and the subtenant’s right to refer to tenant for compensation shall be reserved” .
The article (2) defined the subtenant as:
“subtenant : Natural or judicial person who has , by law or consent , the right of disposal of the property and to whom the title of the property is transferred during tenancy period or to his representatives or legal attorney , including the tenant authorized by landlord to sublease the property” .
Therefore, the law required the tenant to take the consent of the landlord before assigning the benefit or sublease property as confirmed by article (24) of law (26) of 2007 which reads as follow :
“Unless otherwise agreed in the tenancy contract, the tenant shall not assign the benefit or sublease the property without obtaining landlord’s approval”.
And if that happens the article (25) confirms that eviction shall be applicable to the tenant and the subtenant, and the subtenant’s right to refer to tenant for compensation shall be reserved.
3. If tenant uses, or allow others to use the property for illegal or immoral activities.
This is a violation that requires the tenant to vacate the property as well as the criminal liability imposed on the tenant who allowed others to commit an illegal acts using the property as indicated by paragraph (C) of article (25) which reads as follow :
“If tenant uses, or allow others to use the property for illegal or immoral activities” .
4. If the tenant left the property which is a commercial shop unoccupied for 30 continual days or 90 non-continual days in one year .
The origin of the tenancy relationship is the occupation of the leased property in order to achieve its benefit in accordance with law , and in case the leased property is a commercial property it’s not permissible for the tenant not occupy it even if he continues to pay the rent value because there will be damage to the commercial property. this is indicated in paragraph (H) which reads as follow :
“If the leased property is commercial shop and the tenant left the same without occupation without legal reason for 30 continual days or 90 non-continual days in one year ; unless the parties agreed otherwise” .
5. If tenant causes changes that endanger safety of the property or if he causes damage to the property intentionally or due to his gross negligence .
This –if it occurs- contradict the logic of tenancy contract because it bears damage to the leased property and thus the landlord will miss the interest of renting the property this is indicated in paragraph (E) which reads as follow :
“If tenant causes changes that endanger safety of the property in a way that it cannot be restored to its original condition or if he causes damage to the property intentionally or due to his gross negligence to take proper precautions or if he allows others to cause such damage” .
6. If tenant uses the property for purposes other than the purpose it was leased for or if he uses the property in a way that violates planning , building and land using regulations in the emirate .
This case is considered to be contrary to what is stated in tenancy contract which specifies the purpose for which the tenancy contract was made , this is indicated in paragraph (F) which reads as follow :
“If tenant uses the property for purposes other than the purpose it was leased for or if he uses the property in a way that violates planning , building and land using regulations” .
7. If the property is in danger of collapse .
this is indicated in paragraph (G) which reads as follow :
“If the property is in danger of collapse , provided that landlord must prove such condition by a technical report issued by Dubai municipality or accredited by it” .
8. If tenant fails to observe legal obligations or any tenancy contract conditions .
If tenant violates any of the conditions of the contractor he does not comply with any obligation imposed by law the landlord will be entitled to vacate the property , this is indicated in paragraph (H) which reads as follow :
“If tenant fails to observe legal obligations or tenancy contract conditions within (30) days from date of notification by landlord to abide by such obligations or conditions” .
9. Demolition or reconstruction of property if required by the requirements of development and urban development .
this is indicated in paragraph (H) which reads as follow :
“If development requirements in the Emirate require demolition and reconstruction of the property in accordance with government authorities instructions.
Thus , we have listed the nine cases in which the landlord is entitled to ask the tenant to vacate the property . it’s clear that the majority of the cases were the result of irregularities committed by the tenant such as breach of contract or the failure to pay rent value or using property for illegal purposes in addition to two other cases which are If the property is in danger of collapse or Demolition or reconstruction of property if required by the requirements of development and urban development .Except for the aforementioned cases the tenant’s right to use the leased property is retained by law for the duration of the contract and no one can demand eviction of the property which is the goal sought by legislator which is to preserve the rights of both parties without any of the parties’ use of their rights damages the other party .
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE
