The protection of tenants against unjust eviction

With the recent surge in rental rates in areas such as Dubai Marina, Downtown and The Palm, stories are starting to emerge of landlords wishing to evict tenants in order to, presumably, take advantage of the opportunity to place hefty rental increases on properties. This practice is not new and was around in the pre-recession period when rental increases desired by landlords were out of control.

Law No.33, Article 25(2) provides protection to the tenant by stipulating under which circumstances a tenant can be evicted.

If the landlord wishes to demolish the property or conduct construction which makes it impossible for the tenant to use the property, the landlord has grounds to affect an eviction.

Similarly, if comprehensive maintenance needs to be carried out on the property which cannot be undertaken while the tenant is in situ, the landlord can evict the tenant upon the provision of a technical report accredited by the Dubai Municipality.

Meanwhile, the landlord has the right to evict a tenant if the landlord wishes to use the property for his or her personal use and for the use by a next of kin. The landlord will have to prove that the landlord does not have access to an alternative property as a suitable alternative.

Finally, if the landlord wishes to sell the property, he or she is entitled to evict the tenant.

In all of the above cases, the tenant must be given at least 12 months’ notice of the eviction and the reasons and necessary documentation supporting the notice to evict, at least 12 months prior to the expiry date of the tenancy contract.

BY MOHANAD ALWADIYA
Managing Director
Harbor Real Estate.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s