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Is an eviction notice still valid without an Ejari if it's based solely on a tenancy contract?
Dear Lawyers,
I rented a property to an individual. During the last contract renewal, I sent a notarized eviction notice along with the contract. The contract is due to expire in 2 months, as will the notice period.
The tenant did not request an Ejari, and we did not create one. My question is, would the court eviction document still hold without an Ejari, based solely on the tenancy contract?
Dear Questioner,
Yes, the eviction notice can still be valid even if you do not have an "Ejari" certificate, provided that the lease agreement is properly documented.
The "Ejari" certificate is a means to register contracts with the Dubai Land Department, adding a formal aspect to the contract and making it easier to refer to the Rental Dispute Settlement Center in case of any disputes.
However, if you have a properly documented lease agreement and the eviction notice was sent legally and within the period specified in the contract, the court can consider the case based on this agreement.
Nevertheless, you should be prepared for the possibility that the absence of "Ejari" might raise some complications or questions in court.
In such cases, it is advisable to seek legal advice to ensure that all procedures you have followed comply with local laws.
If you need further assistance or additional clarifications, you can reach out for specialized legal advice regarding your situation.
Alternatively, you can leave your phone number, and the relevant department from our law firm will contact you.
Best regards,
Hello,
While Ejari is a valuable tool for documenting tenancy agreements in Dubai, it is not strictly mandatory for all rental agreements.
The tenancy contract itself is a legally binding document that outlines the terms and conditions of the tenancy, including the notice period for eviction.
Dear questioner,
Yes, as long as you are following the eviction procedures outlined in the law, the eviction will be valid.
If you need further clarification or assistance, please share your WhatsApp number.
Greetings,
Yes, the eviction document is valid because it is an agreed-upon eviction according to the agreement of the two parties to the contract, the lessor and the lessee, and eviction can be carried out immediately upon the expiration of the agreed-upon contract period.
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