Can I file a case against the landlord for serving me an eviction notice not through Dubai Courts?

Dear A.,

Thank you for reaching out.

I understand your concern regarding the eviction notice and your intention to file a complaint with the Rental Dispute Center (RDC) against your former landlord. Let me address your query in detail.

1. Eviction Notice and Its Validity:

Under UAE law, particularly in the case of evictions based on personal use, certain procedures must be followed by the landlord, including the proper serving of an eviction notice. Here’s what needs to be considered:

Written Notice: A landlord must provide a formal written notice to the tenant. This notice should outline the reasons for eviction (in your case, personal use of the property).

Notice Period: Typically, a 90-day notice period is required for evictions, unless there are specific exceptions such as a breach of the tenancy contract by the tenant.

Court Notification: While an eviction notice can be communicated through other channels, official eviction that is enforceable generally requires notice through the Dubai Court system or the Dubai Land Department (DLD).

If the landlord did not use this formal route, the eviction may not be legally binding.

2. Email and Signed Paper Notice:

Email: If the email was not sent to the official email address as per your tenancy agreement or if it was not properly registered, the email notice may not be considered legally valid.

Signed Paper Notice: A signed paper notice, while possibly valid, still requires scrutiny. If it was not delivered in accordance with the legal requirements (e.g., via the correct means, proper time frame), it could be considered insufficient.

3. Seeking Compensation:

Grounds for Compensation: If the eviction was carried out improperly, you may be entitled to compensation for unlawful eviction.

The RDC will assess the validity of the eviction notice, and if it was not in accordance with the law, you could have a strong case for compensation.

Evidence: Your email and signed paper notice can be presented as evidence in your case. However, you will need to establish that the landlord did not follow the appropriate legal procedures.

4. Next Steps:

Review the Documents: Please review the notice you received carefully to ensure that it meets all legal requirements (correct notice period, valid grounds for eviction, and proper delivery method).

Filing a Complaint: If you believe the landlord failed to follow proper procedures, you can file a formal complaint with the RDC.

In your complaint, you should provide all relevant documents, including the eviction notice, the email correspondence, and any other communication.

Legal Assistance: If you need assistance in filing the complaint or would like to discuss the matter in more detail, I recommend seeking legal advice to ensure your case is strong and well-supported.

I hope this helps clarify your situation. If you would like further assistance or need to proceed with the complaint, feel free to contact me.

Best regards,

Mohammed Salah

Legal Consultant

Hello,

If a landlord wishes to evict a tenant for personal use of the property (such as for the landlord or their family members to occupy the premises), they must follow the guidelines set out in the UAE Rental Law (Federal Law No. 26 of 2007, and amendments).

The law requires that the landlord must give the tenant a notice period of at least 12 months in writing, clearly stating the reason for eviction (i.e., personal use) and the intent to vacate the property.

However, this notice must generally be delivered through an official means, which includes, either direct delivery to the tenant with acknowledgment of receipt (i.e., signed by the tenant or their representative) or, through a registered mail service to ensure proof of receipt.

Hello,

Under Dubai Rental Law (Law No. 26 of 2007, as amended by Law No. 33 of 2008, eviction based on the landlord's intent to use the property for personal purposes requires adherence to strict legal procedures.

Article 25 of the law mandates that a 12-month eviction notice must be served through a notary public or via registered delivery through the Dubai Court system. Any notice that does not meet these requirements is not legally valid.

To proceed, it is important to clarify your current situation

If you vacate the property based on the informal notice without contesting it before the courts, the eviction is considered voluntary.

In such cases, you may not have a strong basis to challenge the validity of the notice since you agreed to vacate without disputing it.

If you vacated the property and later discovered it was rented out to others, you may have a valid claim for compensation.

In this scenario, the landlord’s stated reason for eviction (personal use) is contradicted by their actions, which could entitle you to compensation for wrongful eviction.

If you are still residing in the property, you can contest the informal notice and seek to invalidate it, as it does not comply with the legal requirements.

In such a case, you should continue to occupy the property and not vacate it, as the landlord is not legally entitled to evict you under these circumstances.

Understanding the specifics of your case is crucial for determining the best course of action.

Please feel free to contact me for further assistance with your case. You can reach me by phone or via email.

Thank you for reaching out with your inquiry.

In situations like yours, where a landlord has evicted a tenant for personal use of the property, the absence of an official eviction notice through the Dubai Court system could potentially pose an issue.

Under Dubai's rental laws, eviction notices must typically be filed through the courts to ensure they are legally recognized and enforceable.

While the email and signed paper notice you received may be considered as evidence in the case, it is essential to verify whether the eviction was carried out in accordance with legal requirements.

The lack of a court-issued eviction notice could indeed be challenged by the landlord in the Dubai Court, but there may still be options for seeking compensation depending on the circumstances and the available evidence you have.

I recommend scheduling a consultation with me to go over your case in more detail and discuss the best approach to moving forward.

Together, we can ensure that your complaint to the RDC is well-prepared and your legal rights are fully protected.

Please feel free to contact me via WhatsApp or email me to arrange a time for us to discuss your case further.

I look forward to assisting you with this matter.

Best regards,

Suhail Rana

You can proceed with filing a complaint, as failure to submit an official notice through the court is a clear violation of the law.

If you need to draft a complaint or respond to the notice, please contact us by phone or WhatsApp.