Question: I own a villa in Dubai that I rented out several years ago to an expat family. I now want to move into the property myself and use it as my primary residence. What is the exact legal process I need to follow to ask the tenants to vacate? How much notice am I required to give, and does the notice have to be served in a specific way? Are there any restrictions on what I can do with the property after the tenants leave?
Answer: Pursuant to your queries, as you own a villa in the emirate of Dubai, the provisions of the Dubai amended rent law are applicable.
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In the emirate of Dubai, a landlord may evict a tenant before expiry or upon expiry of the tenancy contract. In your case, as you intend to reside in the villa owned by you, the conditions prescribed for eviction fall under the provision of eviction of the tenant upon expiry of the tenancy contract. A landlord may evict a tenant from a rented premises by serving twelve (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 rented property cannot be carried out while the tenant is occupying the same,
(iii) if the landlord or his or her first-degree family members wish to reside in the rented property if the landlord does not have any other alternative property to reside in the emirate of Dubai provided he or she resides in the same for at least two (2) years upon obtaining repossession of the rented property from a tenant and
(iv) if the landlord wishes to sell the rented property.
As you intend to reside in the said rented villa, you may evict the tenant from the rented villa by serving the tenant with twelve (12) months’ eviction notice through a notary public. This is in accordance with Article 25 (2)(c) of Law No. 33 of 2008 Amending Law No. 26 of 2007. Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai (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:
(c) the real property owner wishes to retake possession of the real property for his own use or for 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 twelve (12) months before the date of eviction, and the notice must be served through a notary public or by registered mail. “Further, you may serve this notice through Tableegh Legal Notification Services Company.
Further, Article 26 of the Amended Rent Law states, “Where the Tribunal rules in favour of the Landlord retaking possession of the Real Property for his own use or for use by any of his first-degree relatives, in accordance with sub-paragraph (2)(c) of Article 25 of this Law, the landlord may not rent the real property to a third party before the lapse of at least two (2) years in case of residential Real Property, or three (3) years in case of non-residential Real Property, from the date of retaking possession of the same. Otherwise, the Tenant may request the Tribunal to award him fair compensation.”
In accordance with the above-mentioned provisions, as you intend to live in your own villa, you may notify the tenant to vacate the villa by serving at least 12 months’ notice. Further, upon taking possession of your villa, you may not rent it to any third party, at least for 2 years from the date you have taken possession of your villa.
Applicable law:
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm are on www.amalawyers.com. Readers may e-mail their questions to news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.
Source: Khaleej Times
