Notice to Vacate – What you need to know!

As Dubai rents skyrocket, many Landlords today are issuing Notice to Vacate to their renters saying that they wish to sell the unit.  Many renters are in the dark about this notice, which has caused much confusion in Dubai.

First, let’s start with Decree 43 of 2013, which makes the following statement very clear “You will not be allowed to request eviction from your tenant to get a better market rent as this is not allowed”

Here are a few more points to know:

  1. The Notice to Vacate must be a 12 month notice
  2. The Notice to Vacate must be Notarized and sent via Certified Mail on the proper form

Per Law 33 of 2008 Article 25(2) of the Tenancy Law provides four grounds whereby a landlord may evict a tenant upon expiry of the tenancy contract provided that a prior written notice of termination is served to the tenant at least 12 months beforehand by Notary Public or by registered mail. The four grounds are as follows:

  1. If the owner wishes to demolish the property for reconstruction or add new constructions that prevent tenant from benefiting from the leased property, provided that necessary licenses are obtained;
  2. If the property requires renovation or comprehensive maintenance which cannot be executed while tenant is occupying the property, provided that a technical report issued by Dubai Municipality or accredited by it is submitted to this effect;
  3. If the owner of the property wishes to recover the property for use by him personally or by his next of kin of first degree provided that he proves that he does not own a suitable alternative property for that purpose; and
  4. If the owner of the property wishes to sell the leased property.

 

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