Immediate Tenant Eviction in Dubai—What Does the RERA Law Say?

Immediate Tenant Eviction in Dubai—What Does the RERA Law Say? image

Renting can be a cost-effective alternative to purchasing property, especially if you are living in cities like Dubai. The Emirate of Dubai is famous for attracting a large number of tourists, job hunters, and investors. It means there is a huge demand for rental properties.

RERA Dubai protects tenants from exploitation, but it is crucial for tenants to adhere to the established guidelines during their lease period. Otherwise, landlords have the right to evict them immediately, sometimes without prior notice. The regulatory authorities have outlined specific reasons for immediate tenant eviction in Dubai. Let’s learn more about it.

3 Major Reasons for Immediate Tenant Eviction in Dubai

Dubai boasts one of the world’s most efficient regulatory systems. The Real Estate Regulatory Agency (RERA), operating under the Dubai Land Department (DLD), oversees the tenant-landlord relationship.

RERA’s tenancy rules outline the responsibilities of both parties throughout the leasing period to ensure a smooth experience.

Legal alternatives are available for breaches of conduct that allow landlords to evict tenants for non-compliance with RERA tenancy rules. Some cases even permit immediate tenant eviction in Dubai. Here are 3 common reasons that can force immediate tenant eviction in Dubai.

1.      Altering the property or making changes

One major cause of immediate tenant eviction in Dubai is altering the property in a way that compromises its safety. It is mandatory for tenants to refrain from damaging or modifying the property when renting in Dubai.

As per Article 25, Clause e of Law No. (33) of 2008, which amends Law No. (26) of 2007,

“where the Tenant makes a change to the Real Property that renders it unsafe in a manner that makes it impossible to restore the Real Property to its original state, or damages the Real Property willfully or through gross negligence, by failing to exercise due diligence, or by allowing others to cause such damage”

In simple words, tenants who make changes that eventually make the property unsafe or irreversibly damaged can be evicted by the landlord. This includes irreversible alterations such as those aimed at enhancing aesthetics.

Therefore, seeking landlord approval before making any changes is necessary to avoid breaching tenancy agreements.

2.      Allowing others to make alterations to the rental property

Apart from not damaging the property themselves, tenants should not let anyone else do it either. If damage happens because of someone else, the landlord can still evict the tenant in Dubai. To avoid such a situation, tenants must be aware of any alteration or attempt to alterations from others as well.

3.      Subletting/renting the property without landlord’s approval

Renting with roommates or subletting in Dubai can be a practical strategy for reducing rental costs. However, it’s important to note that doing so without obtaining the landlord’s approval is not permitted.

According to Article 25 of Law No. (33) of 2008, which amends Law No. (26) of 2007 regarding the relationship between landlords and tenants in Dubai,

“where the Tenant sub-lets the Real Property or any part thereof without obtaining the Landlord’s approval in writing. In this case, the eviction will apply to both the Tenant and Sub-Tenant. However, the Sub-Tenant’s right to claim a compensation from the Tenant will be preserved”

In simple words, if the tenant sublets the property or any part of it without obtaining written approval from the landlord, both the tenant and subtenant may be subject to eviction. However, the subtenant retains the right to seek compensation from the tenant.

Cases Other Than Immediate Tenant Eviction in Dubai

The above-mentioned reasons may lead to immediate tenant eviction in Dubai. Here are some other reasons that may force tenancy eviction in Dubai, but the tenant will get a notice and enough time to vacate the property.

a)     Improper use of property

Improper use of property beyond the agreed terms can result in tenancy eviction in Dubai. For example, if a commercial property in Dubai is leased with specific permitted uses clearly mentioned in the contract, using the property for unmentioned purposes may lead to eviction. 

What’s more, violating construction and land usage regulations can provide reasons for the landlord to initiate eviction proceedings.

b)     Vacant commercial business

If a commercial property remains unoccupied

  • For 30 consecutive days or,
  • A total of 90 non-consecutive days,

The landlord may ask the tenants to evict the property. Tenants must provide a lawful explanation to prevent such circumstances.

c)      Unlawful or immoral acts

The landlords may ask the tenants to evict the property for doing immoral or unlawful acts. Apart from that, if the tenants allow others to do such acts on the property premises, the landlord can send an eviction notice to the tenants.

Other reasons that may lead to tenancy eviction notice in Dubai include failure to pay rent, damage to property, property demolition, property maintenance, etc.

Lastly, can the landlord keep the security deposit if the tenant is evicted?

No, the landlord cannot keep the security deposit once the tenancy contract expires. Landlords can only deduct an amount for

  • Property maintenance
  • Any damages caused by the tenant
  • Unpaid rent
  • Breach of lease agreement

Final words

So, these were some reasons for immediate tenant eviction in Dubai. It is important to be aware of your rights and responsibilities as a tenant and landlord. You can also seek guidance from registered real estate brokers in Dubai or legal advisors.

Feel free to contact us for any queries related to your real estate needs in Dubai.

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