أسئلة وأجوبة
What to do if the tenant refuses to vacate despite of two months eviction notice before contract expiry?
Hello,
I'm a landlord looking to evict my tenant by the end of the contract. I've already sent him a 68-day lease non-renewal notice via email, which he acknowledged.
However, he's now claiming the notice is too short and he doesn't want to vacate (Abu Dhabi).
Do I have a case for court, and if it goes to the Rental Dispute Office, how long does the eviction process typically take and when can I file a case?
The tenant has been in the property for the past 5 years, but I failed to complete the Tawtheeq for 2022/2023 and 2023/2024.
I initiated the Tawtheeq request in 2022, but the tenant never completed acceptance from his side, so now it's pending in TAMM and blocking any new requests.
Any advice would be greatly appreciated.
Location: Abu Dhabi.
Thank you
Dear Questioner,
Thanks for your inquiry.
Regarding the above, we would like to inform you that, according to UAE law, a landlord must give a tenant a minimum of 90 days' notice before the end of the tenancy contract if they wish to terminate the contract.
This notice must be given in writing and sent by registered mail or delivered by hand. Email may not be considered a valid form of notice.
If the tenant does not vacate the property after receiving the notice, the landlord can file a case with the Rental Dispute Settlement Committee.
The eviction process can take anywhere from a few weeks to several months, depending on the specific circumstances of the case.
In your situation, it is important to note that failing to complete the Thawteeq registration may affect your case.
The tenant may argue that the contract is not valid because it was not registered, and this could delay the eviction process.
It is recommended that you consult with a lawyer who specializes in rental disputes to discuss your specific case and determine the best course of action.
They can also advise you on the Tawtheeq registration process and how it may impact your case.
In summary, you may have a case in court, but it is important to ensure that you have followed all legal procedures and have a valid reason for terminating the tenancy contract.
It is also important to note that the eviction process may take some time, and it is best to seek legal advice to ensure a smooth and successful outcome.
Kindly feel free to contact us by phone or email for further inquiries.
Greetings
In the UAE, the landlord has the right to terminate the tenancy contract at the end of its term by giving the tenant a 12-month notice period.
This notice period must be given in writing and delivered to the tenant through registered mail or through a notary public.
In your case, since you have already given the tenant a 68-day notice, it may not be considered sufficient under the law.
If the tenant refuses to vacate the property, you can file a case with the Rental Dispute Settlement Committee.
The process typically takes around 2-3 months, but it can vary depending on the complexity of the case and the workload of the committee.
You can file the case at any time after the tenant has failed to vacate the property after the notice period has ended.
Regarding the Tawtheeq issue, it is important to note that the failure to complete the Tawtheeq process may affect your case.
The Tawtheeq registration is a mandatory requirement for tenancy contracts in Abu Dhabi, and not having it may result in the contract being considered invalid.
It is advisable to consult with a legal professional to understand the implications of this issue on your case.
In conclusion, it is recommended to follow the proper legal procedures and give the tenant a 12-month notice period to avoid any complications in the eviction process.
It is also important to ensure that all necessary documentation, such as the Tawtheeq registration, is completed to avoid any loss.
