In the UAE, the Real Estate Regulatory Agency (RERA) operates under the Dubai Land Department, a governmental body responsible for overseeing all real estate transactions in Dubai. RERA enforces tenancy laws for rental properties, offering a legal framework for real estate operations and dispute resolution. All tenancy contracts must be registered through Ejari, an online registration system mandated for all landlords. This system ensures transparency, prevents duplicate rentals, and safeguards the rights of both landlords and tenants.
Governing Laws and Amendments
The relationship between landlords and tenants for both residential and commercial properties is governed by the Tenancy Law. Contracts, detailing the rights and obligations of both parties, must comply with RERA regulations. If a tenant breaches the contract, the landlord is entitled to issue a legal eviction notice. Law No. 26 of 2007, enacted by His Highness Mohammed bin Rashid Al Maktoum, initially regulated these relationships. This was later amended by Law No. 33 of 2008 to enhance protections for both tenants and landlords.
Grounds for Eviction
Under these laws, a landlord can evict a tenant for several reasons, such as the ones listed below:
- Non-payment of Rent: If the tenant fails to pay rent by the agreed date without notifying the landlord, an eviction notice can be issued.
- Unauthorised Subletting: Subletting without the landlord’s consent can lead to eviction.
- Unauthorised Changes or Negligence: Making unauthorised modifications or displaying negligence, particularly if it endangers public safety, is grounds for eviction.
- Violation of Public Order and Morals: Using the property in a manner that conflicts with public order and morals can result in eviction.
- Extended Absence: Leaving the property unoccupied for 30 consecutive days or 90 non-consecutive days within a year without a valid reason can lead to eviction.
- Landlord’s Personal Use: If the landlord intends to sell the property or rent it to a first-degree relative, a 12-month eviction notice must be given.
Landlords are required to provide a legal notice and a grace period ranging from 30 days to 12 months, depending on the situation, for tenants to rectify any issues. Non-compliance may lead to eviction.
At SAT & CO: Advocates and Legal Consultants, our team of expert real estate lawyers can assist with drafting eviction notices, requesting extensions, or disputing wrongful evictions. We offer professional legal advice and representation for both landlords and tenants.
