Tenant refuses to vacate despite legal notice for renovation. What are my options?

Dear Sir/Madam,

Thank you for your inquiry regarding the eviction process for your tenant!

Based on the information provided, here are the steps you should take:

1. Verify Your Eviction Notice:

Ensure that the legal notice you sent one year ago meets all requirements:

- It must have been sent through a Notary Public or registered mail.

- It should have provided 12 months' notice for renovation purposes.

2. File a Case with the Rental Dispute Settlement Center (RDSC):

Since the tenant is refusing to leave despite proper notice:

- Submit a formal complaint to the RDSC.

- Provide all relevant documentation, including your original eviction notice, tenancy contract, and renovation plans.

3. Obtain Technical Maintenance Report:

To support your case for renovation-based eviction:

- Contact Dubai Municipality's Health & Safety Department.

- Request a technical inspection of your property to obtain the required maintenance report.

- You may need to submit an application through the Dubai Municipality website or visit their office in person.

4. Prepare Additional Documentation:

Gather the following to strengthen your case:

- Detailed renovation plans,

- Contracts with renovation companies, and

- Any correspondence with the tenant regarding the eviction.

5. Attend RDSC Mediation:

- Participate in the mandatory mediation session at the RDSC.

- If mediation fails, your case will proceed to the Dubai Rent Committee for a formal hearing and decision.

Remember, even with proper notice and documentation, the eviction process can take several months. It's crucial to follow all legal procedures to ensure a valid eviction.

If you need further assistance, consider consulting with us.

Best Regards,

ABDUL WAHIED

The report confirms that the renovation work is technically necessary and complies with Dubai Municipality regulations.

It is possible that it can be applied for online via the Dubai Municipality website. Your primary recourse is the Rental Dispute Center (RDC) in Dubai.

You must file a case with the RDC to obtain a legal eviction order to evict the tenant from the property. The RDC will consider your legal notice, the renovation plans, and the tenant's refusal.

You cannot forcefully evict the tenant without a court order from the RDC. We will let you know the procedures in detail.

Kindly share your WhatsApp number to proceed.

Dear Questioner,

Thank you for your inquiry. Here's a summary of your options:

1. Tenant Refusing to Vacate:

If the tenant refuses to leave despite your legal notice, you can file an eviction case with the Dubai Rental Disputes Center for renovation purposes.

Consider mediation first, and if unsuccessful, proceed with legal action to enforce the eviction.

2. Technical Maintenance Report:

To proceed with renovations, you need to obtain a technical maintenance report from the Dubai Municipality.

You can apply via the Dubai Municipality website or visit their office. Make sure to have the necessary documents, such as your property title deed and renovation plans.

If you need further assistance with the legal process or obtaining the report, feel free to contact me.

Best regards,

Mohammed Salah

Hello,

You’ve already sent a legal notice for renovation, which is the correct first step. As per the law, you need to provide the tenant with at least 12 months’ notice before you ask them to vacate the property for renovation purposes.

As part of the process, the Dubai Municipality requires a technical maintenance report to ensure that the renovations are indeed necessary and that they affect the structural integrity or safety of the building.

You will need to submit a request to the Dubai Municipality for an inspection. The inspection request should be made through the Dubai Municipality’s Building Permit System or directly at the Dubai Municipality office (depending on your location).

You can apply online via the Dubai Municipality’s official website or the Dubai Municipality app. A Dubai Municipality official will inspect the property and issue a report based on the findings.

This report will help you prove that the renovations are necessary and can’t be done while the tenant is in the property. Once the report is issued, you will have the official document that justifies the renovation work.

Dear Inquirer,

Thank you for reaching out!

If the tenant refuses to vacate despite your legal notice, you will need to initiate formal legal proceedings to regain possession of your property. Here's what you should do:

- Legal Action:

If the tenant continues to refuse, you may need to file a case with the Rent Disputes Center in Dubai. This would include a formal request for eviction based on your renovation plans.

- Technical Maintenance Report:

To proceed with the renovation, you can request the technical maintenance report from Dubai Municipality by visiting their Building Permits Department. This report is essential for demonstrating that the property requires significant work.

To ensure your legal rights are protected and that the process goes smoothly, we recommend booking a consultation with us to handle this matter on your behalf.

Best regards,

Greetings,

The tenant cannot be requested to vacate the property as long as the lease contract is still valid and has not expired.

This is in accordance with Article 25 of the Dubai Rental Law, which states that if the lease contract expires and the property requires renovation or comprehensive maintenance that cannot be carried out while the tenant is residing in the property, eviction may be permitted.

However, the condition of the property must be verified through a technical report issued or approved by the Dubai Municipality.

Best regards,

To resolve the tenant's refusal to leave for necessary renovations, carefully review your lease agreement, attempt to negotiate, obtain the required technical maintenance report from the Dubai Municipality, and seek legal counsel for potential eviction proceedings.

This approach will ensure you take the appropriate and lawful steps toward achieving your renovation goals.