What are the conditions under which an owner can ask the rented property to be vacated?
Question: I bought a villa in Dubai some years ago and rented it out. The renewal is due in August this year. However, I wish to move into the villa and don't want to renew the tenancy contract. Can I serve a notice or come to some kind of understanding with the tenant regarding this?
Answer: Pursuant to your query, the provisions of Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in Dubai and Law No. 33 of 2008 Amending Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants are applicable.
In Dubai, an owner may evict a tenant from rented premises by serving 12 months' notice through a notary public if,
(i) a landlord wishes to demolish and reconstruct the rented property upon obtaining permission from competent local authorities,
(ii) the restoration or repair of a rented property cannot be carried out while the tenant is occupying the same,
(iii) if the owner or its first-degree family members wish to reside in the rented property if the owner does not have any other alternative property to reside in Dubai provided it resides in the same for at least two years upon obtaining repossession of the rented property from a tenant and
(iv) if the owner wishes to sell the rented property.
Since you intend to reside in the rented villa, you may evict the tenant by serving 12 months' notice through a notary public. This is in accordance with Article 25 (2)(c) of the Amended Rent Law of Dubai, which states,
"Upon expiry of the lease contract, the landlord may seek eviction of the tenant from the real property only if: the real property owner wishes to retake possession of the real property for his own use or use by any of his first-degree relatives, provided that the owner proves that he does not own any alternative real property that is suitable for his purpose;
For the purposes of paragraph (2) of this Article the landlord must notify the tenant of the eviction reasons at least 12 months before the date of eviction.
If the tenant does not breach the terms of the tenancy contract, then as an owner you may evict the tenant only on grounds as stipulated in Article 25(2) by serving 12 months of eviction notice through a notary public. However, you may mutually agree in writing with the tenant to terminate a tenancy contract at any time during the term of a tenancy contract and not to renew the tenancy contract.
This is in accordance with Article 7 of the Dubai Rent Law, which states,
“Where a rent contract is valid, it may not be unilaterally terminated during its term by the landlord or the tenant. It can only be terminated by mutual consent or in accordance with the provisions of this law."
News Source: Khaleej Times
