أسئلة وأجوبة
Can I petition for immediate eviction due to tenant violations and refusal to vacate after notice?
Dear Lawyers,
I have a question regarding an immediate eviction petition to the Urgent Judge. The tenant did not return the apartment on 26 January 2025, despite a 12-month legal notice that ended on 25 January 2025.
The tenant rejected all gas and fire prevention maintenance for 12 months. Al-Fanar Gas submitted a report with the tenant's signature and refusal after the tenant broke the gas detector.
The apartment was sold, and the new owner gave the tenant 90 days' notice. The tenant refused to show the new owner the apartment and ran away, according to building management.
The tenant ignored the 12-month legal notice, did not return the apartment, broke the gas detector, and refused gas and fire detection system maintenance.
The deal will be voided if the new owner cannot enter the property promptly. Can I petition the Urgent Matters Judge for quick eviction based on the tenant's violations?
Hello,
If the tenant fails to vacate after the termination notice has expired (as in your case, on 25 January 2025), the landlord has a right to file for eviction.
Since the tenant has ignored the notice, this constitutes a breach of the rental agreement, and the tenant can be legally forced to vacate the premises.
For further assistance, kindly share your WhatsApp number.
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
Based on the information provided, you have strong grounds to petition the Urgent Matters Judge for a quick eviction.
The key points supporting your case include: the expired 12-month legal notice as of January 25, 2025, with the tenant failing to vacate; significant safety violations including refusal of gas and fire prevention maintenance and damaging the gas detector; the sale of the property and the tenant's refusal to cooperate with the new owner's 90-day notice; and the tenant's reported disappearance.
These circumstances, particularly the safety violations and uncooperative behavior, present a compelling case for urgent action.
To proceed, you should file an urgent eviction request through the Rental Disputes Center (RDC) in Dubai.
This involves registering an account in the RDC's dispute resolution system, submitting a new claim with all required information, and providing supporting documents.
These should include copies of relevant IDs, the Ejari certificate, tenancy contract, title deed, evidence of violations (such as the Al-Fanar Gas report), proof of the 12-month notice and its expiry, and the new owner's 90-day notice.
The urgency of your case, combined with the safety concerns and the potential jeopardy to the property sale, should provide strong grounds for the Urgent Matters Judge to consider an expedited eviction process.
For any further clarifications or additional support, you can contact us via WhatsApp. We are dedicated to providing professional, timely, and comprehensive assistance tailored to your specific situation.
Thank you!
ABDUL WAHIED
According to UAE law, you can file a petition with the Urgent Matters Judge for quick eviction based on the tenant’s clear violations, such as ignoring the legal notice, damaging the gas detector, refusing maintenance, and denying access to the property for the new owner.
We recommend contacting us via WhatsApp, as we specialize in such cases and provide comprehensive legal consultations to protect your rights and expedite the process.
Dear Questioner,
Thank you for your inquiry regarding the tenant’s refusal to vacate the apartment despite the 12-month legal notice.
Based on the tenant’s violations, you have grounds to file an urgent petition for eviction with the Urgent Matters Judge. The following violations strengthen your case:
- Failure to vacate after the expiry of the 12-month notice period.
- Refusal to allow maintenance (gas and fire safety systems) and damage to property (broken gas detector).
- Obstruction of the new owner’s ability to show the apartment, which could jeopardize the sale.
Given these violations, I recommend filing a petition with the Urgent Matters Court requesting immediate eviction to prevent further complications, such as the potential voiding of the sale.
Please let me know if you would like to proceed with drafting the petition or if you need any additional assistance.
Best regards,
Mohammed Salah
Legal Consultant
In your case, it seems that you have a strong case to file an immediate eviction petition with the Urgent Matters Judge based on the clear violations committed by the tenant.
Here are the points to focus on and the actions you can take:
1. Legal basis for immediate eviction:
According to the UAE Federal Law No. (26) of 2007 amended by Law No. (33) of 2008 regarding the regulation of the relationship between landlord and tenant in the Emirate of Dubai, the immediate eviction of the tenant is permissible if he commits serious violations, such as:
- Damage to the property (such as breaking the gas detector).
- Refusal to carry out necessary maintenance (such as maintaining the fire and gas system).
- Refusal to vacate the property after the expiry of the legal notice period (12 months in the event of a sale).
Using the property in a manner that harms the public interest or the safety of the residents.
For assistance, please contact us via phone or WhatsApp at [----------].
Yes, you can petition the Urgent Matters Judge for quick eviction based on the tenant’s violations including non-compliance with legal notice, refusal of maintenance, destruction of property, and failure to cooperate with new ownership.
First, we need to review the lease agreement you have with your tenant to identify the provisions related to eviction.
Based on the review of these provisions of the lease agreement, we can find your rights as a landlord and assist you further by providing you with potential legal solutions.
Please provide us with the following information to better assist you:
1. A copy of the lease Agreement you have with your tenant.
2. Eviction notice sent by you and the new owner.
4. Emirates ID.
5. Email and phone number.
Based on this, we can file a petition applying for an emergency eviction order.
Looking forward to your response. Please feel free to reach out to us on our WhatsApp number [----------].
Hello,
As per your query, please note that since the 12-month notice was given by the old owner, the new owner should not have given any notice.
However, you can still file an eviction case against the tenant. Please contact us by email or phone.