For landlords in Dubai, navigating the process of asking a tenant to vacate a property can be a complex and sensitive issue.
The emirate has clear, robust laws designed to protect the rights of both property owners and tenants, and failing to follow them correctly can lead to significant delays, legal disputes, and financial loss.
This guide outlines the legal grounds and correct procedures for evicting a tenant in Dubai, as governed by Law No. 26 of 2007 (as amended) and the Dubai Rental Law.
The Golden Rule: The Ejari-Registered Contract
The entire landlord-tenant relationship is governed by the tenancy contract registered in the Ejari system. This is the foundational document that will be referred to in any dispute. Always ensure your contract is Ejari registered before proceeding with any action.
Valid Grounds for Eviction in Dubai
A landlord cannot simply ask a tenant to leave because they want to. The law specifies very clear and limited circumstances under which a tenant can be evicted before the end of the tenancy contract term.
1. Non-Payment of Rent
This is the most straightforward ground for eviction. If a tenant fails to pay rent within 30 days of the due date (as stated in the contract), the landlord can serve a eviction notice.
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Procedure: The landlord must first notify the tenant of the default via a notarized notice through the Dubai Notary or registered mail. If the tenant fails to pay after this notification, the landlord can then file a case with the Rental Dispute Center (RDC).
2. Violation of Tenancy Terms
If a tenant significantly breaches the terms of the contract, the landlord may have grounds for eviction. Common violations include:
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Using the property for illegal or immoral activities.
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Subletting the entire property without the landlord’s written consent.
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Causing significant damage to the property beyond normal wear and tear.
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Using the property for a purpose other than what was agreed (e.g., running a business from a residential unit).
3. The Landlord’s Need to Sell or for Personal Use
This is the most common reason for eviction at the end of the tenancy contract term. A landlord can choose not to renew a contract for the following reasons:
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To Sell the Property: The landlord intends to sell the vacant property.
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For Personal Use: The landlord or their first-degree relative (spouse, children, parents) needs to move into the property.
Crucially, the law places strict conditions on this right:
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12-Month Written Notice: The landlord must provide the tenant with a 12-month written eviction notice via notary public or registered mail. This notice cannot be served during the tenancy term; it must be served well in advance of the renewal date.
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Cannot Re-rent: If the landlord evicts a tenant for personal use or to sell, they are legally prohibited from renting out the same property again for two years from the date of eviction. If they do, the former tenant can sue for compensation.
Invalid Grounds for Eviction
Landlords cannot evict a tenant for:
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Wanting to increase the rent for a new tenant.
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Minor disagreements that do not constitute a contract breach.
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Without providing the legally mandated notice period.
The Step-by-Step Eviction Process
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Review the Contract: Ensure the tenant is in breach of a specific clause or that you have a valid legal reason for non-renewal.
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Serve Formal Notice: For non-payment or violation, serve a notarized notice giving the tenant a chance to rectify the issue (e.g., pay rent). For non-renewal, serve the 12-month notarized notice for personal use/sale.
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File a Case with the RDC: If the tenant does not comply or vacate, you must file a case with the Dubai Rental Dispute Settlement Center. You cannot take matters into your own hands, such as changing locks or cutting utilities—this is illegal.
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Attend the Hearing: Present your case, including the tenancy contract, Ejari certificate, and proof of the notarized notice. The RDC will mediate and make a judgment.
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Enforce the Eviction Order: If the RDC rules in your favor, they will issue an eviction order. Only the Dubai Court execution judge, often with the involvement of the Dubai Police, can legally enforce this order and physically evict the tenant.
Special Case: Evicting a Tenant When Selling
A property can be sold with a tenant in place. The new owner must honor the existing tenancy contract until its expiration date. To sell a vacant property, the seller (current owner) must follow the 12-month notice procedure for non-renewal before the sale is completed.
Key Responsibilities for Landlords
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Act in Good Faith: The eviction notice for personal use must be genuine.
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Follow the Law Precisely: Any misstep in the notice or filing process can invalidate your case and reset the clock, causing long delays.
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Understand Tenant Rights: Tenants have the right to quiet enjoyment of the property and can challenge an eviction notice they believe is unjust.
The Bottom Line
Evicting a tenant in Dubai is a process strictly governed by law and designed to be fair to both parties. Success depends on a valid reason, meticulous documentation, and strict adherence to legal procedures.
Attempting to bypass the official process through self-help measures is illegal and will severely undermine your position. The safest and most effective course of action is always to work within the framework of the Rental Dispute Center.
Facing a tenancy dispute? Navigating eviction laws requires expert guidance. Our property management team and legal consultants can help you manage the process correctly and efficiently, ensuring your rights are protected every step of the way. Contact us for a consultation.
