أسئلة وأجوبة
A tenant usually defaults on rent payments. How can I evict him?
Hi,
I have a tenant who defaulted on rent payment. His cheque bounced due to account closure. He promised cash payment but hasn't delivered.
I want to evict him. The property is in Dubai. How do I proceed legally? Appreciate step-by-step guidance according to the law.
Thank you!
Dear Questioner,
Thanks for your enquiry!
According to UAE law, a landlord can evict a tenant for non-payment of rent. The following are the steps you can take to evict your tenant:
1. Send a notice:
The first step is to send a written notice to the tenant informing them of the non-payment of rent and giving them a specific period of time (usually 30 days) to pay the outstanding amount.
2. File a case:
If the tenant fails to pay the rent within the given period, you can file a case with the Rental Dispute Settlement Center (RDSC) or the Dubai Courts. You will need to provide evidence of the non-payment, such as the bounced cheque and the notice sent to the tenant.
3. Attend the hearing:
Once the case is filed, a hearing will be scheduled where both parties will be given a chance to present their arguments. If the tenant fails to attend the hearing, the court may issue a judgment in your favor.
4. Obtain an eviction order:
If the court rules in your favor, you will need to obtain an eviction order from the RDSC or the Dubai Courts. This order will give you the legal right to evict the tenant from the property.
5. Serve the eviction notice:
You will need to serve the eviction notice to the tenant, giving them a specific period of time (usually 30 days) to vacate the property.
6. Evict the tenant if they fail to vacate the property within the given period.
Kindly feel free to contact us via phone or email for any further inquiries.
Regards,
Hello,
According to Dubai rental law, a tenant can be evicted by the landlord if the tenant fails to pay rent within thirty days of notification by the landlord.
A bounced cheque is also considered a breach; you can file a complaint against the tenant in this case.
If you need any clarification regarding this, kindly share your WhatsApp number for further discussion.
Send him a payment notice through the notary public confirming his payment of the rent within 30 days.
If he does not pay within 30 days, file an eviction case against him.
Thank you for reaching out regarding your tenant's rent default issue. I understand the urgency of your situation and the importance of resolving it in accordance with the law.
In Dubai, the legal process for evicting a tenant due to rent default involves several steps to ensure compliance with the applicable regulations. Here's a brief overview of the process:
- Notice to Vacate:
As per Dubai rental laws, you must first issue a formal notice to the tenant demanding payment of the overdue rent. This notice should be served in writing, either personally or through registered mail, and should specify the outstanding amount and a reasonable deadline for payment.
- Filing a Case with the Rental Dispute Settlement Center (RDSC):
If the tenant fails to comply with the notice and continues to default on rent payments, you can proceed to file a case with the Rental Dispute Settlement Center. This is the governmental entity responsible for resolving rental disputes in Dubai.
- Mediation:
Upon filing the case, the RDSC will schedule a mediation session between you and the tenant to attempt to reach a settlement agreement. If mediation is unsuccessful, the case will proceed to adjudication.
- Adjudication:
In the adjudication phase, the RDSC will review the case and make a decision based on the evidence and applicable laws. If the tenant is found to be in breach of the lease agreement due to rent default, the RDSC may issue an eviction order.
- Execution of Eviction Order:
Once the eviction order is issued, it must be executed by the relevant authorities, typically the Dubai Police. They will coordinate with you to facilitate the eviction process.
It's important to note that while pursuing legal action, landlords must adhere to all legal requirements and procedures to avoid any potential complications or delays.
Given the specific details of your case, I would recommend scheduling a consultation to discuss your options in more detail and devise a strategy tailored to your situation.
Please feel free to reach out to me via WhatsApp or phone to arrange a consultation at your earliest convenience.