I canceled the Ejari for my tenant after he subleased my apartment. Can I file a case?

Welcome

You must follow the procedures before filing the lawsuit by sending him a legal notice thirty days before filing the case and requesting an order from the judge to inspect the apartment to prove the sublease.

At that time, the lawsuit will be accepted.

To obtain free legal advice that includes all the details, contact us on WhatsApp/call or leave your number and we will contact you immediately.

Dear Dr N. K.,

Thanks for your inquiry.

Regarding the above, we would like to inform you that, it is possible that your case may be rejected by the RDC (Rental Dispute Center) as you have already canceled the Ejari.

The Ejari is a legal requirement for tenancy contracts in the UAE and canceling it without following the proper procedures may affect your case.

It is recommended that you consult with us as a lawyer who specializes in rental disputes to discuss your options and the best course of action to take in this situation.

Kindly feel free to contact us by phone or email for further inquiries.

Greetings,

Dear.

Before filing the lawsuit, you must send a warning to the tenant through a notary public for non-payment of rent and wait (30) days from the date the tenant receives the warning.

In this case, the lawsuit will be filed against him so that a ruling is issued in your favor to evict the tenant from the apartment in addition to refunding the rent amount.

If anything else is required, don’t hesitate to contact us via email or call our offices in Dubai or Sharjah.

Jasim Al Haddad Law Firm Legal Counsel and Consultations

Hello,

Thank you for reaching out regarding your situation. Based on the circumstances you described, here are the relevant details and guidance according to the law:

According to Law No. (26) of 2007 and its amendment by Law No. 33 of 2008 concerning the regulation of the relationship between landlords and tenants in the Emirate of Dubai, the law stipulates that the landlord may request the eviction of the tenant before the expiration of the lease term if the tenant fails to pay the rent or any part thereof within thirty days from the date of the landlord's notification to the tenant via notary public or registered mail unless otherwise agreed by both parties (Article 1/25/A).

Therefore, you need to send an official notice notarized by the notary public, notifying the tenant to pay within 30 days. If the tenant does not pay within this period, you have the right to file an eviction lawsuit for non-payment of rent.

Regarding the cancellation of Ejari, this does not affect the validity of the ongoing tenancy relationship, which still requires a court judgment to terminate it.

If you need further assistance or have any additional questions, please feel free to contact me.

Dear questioner

There will be some hurdles, you will need to explain to the RDC the reason behind canceling the Ejari despite having a tenant in occupancy and you can present evidence to support the claim.

Thank you for reaching out regarding your situation with your tenant.

The issues you're facing with non-payment of rent and unauthorized subleasing are serious, and it's understandable that you took action by canceling the Ejari.

However, canceling the Ejari may complicate matters when filing a case with the Rent Dispute Committee (RDC). The RDC generally requires a valid Ejari registration to process eviction cases.

Since you have already sent an eviction notice and are planning to file a case, it is crucial to ensure that all actions comply with Dubai's rental laws to strengthen your position.

I recommend scheduling a consultation so we can review the specifics of your case in detail. I can provide you with tailored legal advice on the best steps forward, including the possibility of reinstating the Ejari or other legal remedies available to you.

Please feel free to reach out to me directly via WhatsApp or phone, or by email to discuss this matter further.

Dear client,

Canceling the Ejari registration does not necessarily invalidate your rights as a landlord or your ability to file a case against the tenant.

If the tenant is absconding and has violated the terms of the tenancy agreement, you can still file a case in the Rental Dispute Center (RDC) to seek eviction and any outstanding rent or damages.

It's advisable to consult with us to guide you through the process.

Thanks and Regards,

Abdul Wahied