Allowing the landlord to evict the tenant in 9 cases

The relationship between the lessor and the lessee guaranteed by the real estate laws in force. The law provides a list of nine reasons that give the landlord the right to evict the tenant before the expiry of the tenancy contract.

Hazem Balbaa, Legal Adviser at BSA Ahmed Bin Hazeem and Associates (LLP), shed light on these and other questions with legal clarifications that serve the tenant segment.

Balbaa said, "It is not uncommon for some landlords to be greedy, especially those who seek to evict the current tenant in order to chase higher returns." In a rare case, a landlord went so far as to file an eviction notice just one day after signing a new lease.

He adds: Some tenants have received eviction notices by email or WhatsApp messages.

However, it is important to realize that the Landlord and Tenant Law makes it clear that if the landlord has the desire to evict the tenant from the property, in this case the landlord is obligated to give a notice of eviction to the tenant through a notary public or by registered mail. Most importantly, the landlord is obligated to provide justified reasons for requesting eviction.

Balbaa indicated that the law explicitly states why and when landlords can demand the eviction of tenants. Where the law stressed the distinction between a landlord willing to evict a tenant before the expiry of the tenancy contract and evict the tenant upon the expiry of the tenancy contract.

9 reasons

The law provides a list of nine reasons that give the landlord the right to evict the tenant before the expiry of the tenancy contract, and it is clear from these provisions that the landlord and tenant law provides great protection for real estate owners, where real estate owners have the right to recourse in case the tenant violates his lease obligations and fails to rectify the situation even after being notified of it. The reasons specified by law are:

1- If the tenant fails to pay the rent even after the lapse of 30 days from the date he was notified of the entitlement of the rent.

2- In the event that the lessee sub-rents the property without the consent of the lessor.

3- If the leased property is used for illegal purposes that violate public order and morals.

4- In the event that the leased property was a commercial property and was left vacant for thirty consecutive days or for a period of ninety non-consecutive days in one year.

5- The tenant has made a change in the property that affects its safety or damages the leased property as a result of willful and gross negligence.

6- The leased property has been used for purposes other than the purposes for which it was leased, or has been used in a manner that violates the planning and building regulations of the Emirate of Dubai.

7- In the event that the leased property is in a hopeless condition to be repaired as indicated and proven through a technical report approved by Dubai Municipality.

8- If the tenant fails to comply with the legal obligations or the terms of the lease agreement, even after giving thirty days’ prior notice to the tenant for the purpose of complying with the provisions of the lease agreement or the law.

9- The demolition of the leased property was required by virtue of a government order.