Navigating the complexities of rental laws can be challenging for property owners in Dubai, especially when they wish to reclaim their property for personal use. If you're a landlord looking to move into your rented villa, understanding the legal framework for tenant eviction is crucial.
This guide provides a comprehensive overview of the conditions under which you can evict tenants before the lease expires, ensuring you follow the correct procedures to avoid any legal complications.
Question: I own a villa in Dubai that I have rented out. I wish to move into the property now. What is the procedure?
Answer: In Dubai, landlords have the right to evict tenants before the expiry of a tenancy contract or upon its expiry if certain conditions are met. Since you intend to move into your own villa, the relevant eviction process applies upon the contract's expiry.
To evict a tenant for personal use of the property, you must serve a 12-month notice through a notary public. According to Article 25 (2)(c) of Law No. 33 of 2008, which amends Law No. 26 of 2007, regulating landlord and tenant relationships in Dubai, eviction can be sought under the following circumstances:
- The landlord wishes to demolish and reconstruct the rented property with permission from the competent local authorities.
- Restoration or repair of the property cannot be carried out while the tenant occupies it.
- The landlord or their first-degree family members wish to reside in the property, provided the landlord does not have any other alternative property to live in Dubai. The landlord or family member must reside in the property for at least two years upon repossession.
- The landlord intends to sell the rented property.
The law specifies,
"Upon expiry of the lease contract, the landlord may seek eviction of the tenant from the real property only if: (c) 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 eviction, the landlord must notify the tenant of the reasons for eviction at least 12 months before the date of eviction. This notice must be served through a notary public or by registered mail.
Furthermore, Article 26 of the Amended Rent Law states that if the Tribunal rules in favor of the landlord retaking possession of the property for personal use, the landlord cannot rent the property to a third party for at least two years (for residential properties) or three years (for non-residential properties) from the date of repossession. If this rule is violated, the tenant may request the Tribunal to award fair compensation.
Based on these provisions, you can notify your tenant to vacate the villa by serving at least 12 months' notice through a notary public. Once you take possession of the villa, you must reside in it for at least two years before considering renting it to another party.
News Source: Khaleej Times
