When can Dubai landlord ask tenant to vacate apartment?
Landlords can carry out eviction when the property poses danger to lives of residents
By Staff Emirates 24/7 News
Published Sunday, August 14, 2016
The Rents Dispute Resolution Center issued a regulatory decision on eviction of tenants from apartments in Dubai.
In order to seek eviction of a tenant, the landlord must serve at least 12 months’ notice to the tenant prior to the date of eviction.
The resolution stressed that landlords can carry out eviction of the apartment when the property poses any danger to the lives of the residents and the owner wishes to carry out reconstruction work.
If the landlord wishes to demolish the apartment, and the work cannot be carried out while it is occupied, an eviction notice can be served.
According to Arabic daily Emarat Al Youm, the Center confirmed that these decisions are taken into account as per the law.
It also thrives to strike a balance between the interest of the landlord and tenant and in addition it will see to the prompt settlement in this type of conflict.
The Centre indicated that it aims to establish a secure environment in real estate, guarantees the rights of the owners, tenants and brokers.
Judge Abdul Kader Musa head of the Rents Dispute Resolution Centre, told Emarat Al Youm that the center finally issued a regulation to deal with evictions, and identified two provisions of law.
He said, “There are two provisions to vacate an apartment – If the condition of the property causes serious concern to the lives of the residents and if the owner wishes to evacuate the building to demolish in order to reconstruct.”
He explained that in the first instance of the owner’s desire to vacate the rented building, there must be a decision from Dubai Municipality that the leased property is dangerous to human life and should be dismantled immediately.
He also said that in such a scenario the ‘Judge of Urgent Rental Disputes Status is the authorised person to settle the conflict.
Judge Abdul Kader Musa added, “The judge in this case will issue his decision to evacuate the building the same day and after instant summon of the parties.”
He asserted that judgement is possible only after the final technical report is issued by Dubai Municipality.
For the second circumstances judge Abdul Kader stressed that if the owner wishes to vacate the property from tenants in order to demolish and reconstruct it, he should submit a report, which was prepared by the competent technical Committee of Dubai Municipality.
He added the report should mention clearly that the building is a danger to the lives of residents.
The landlord must notify the tenant 12 months prior to the date of the eviction.
If the owner reconstructs the building after demolition, the evicted tenant will get the priority to rent the unit in the building.
To protect the rights of the tenant, the law gives them the right to appeal to the judge during the proceedings to reserve his right to return to the same property after reconstruction, but the lease amount will be based on the current market price of the apartment.
He emphasised that if the property requires renovation, he has to provide the technical report issued by Dubai Municipality or accredited by it is to be submitted.