I purchased a rented apartment in Abu Dhabi. Can I evict the tenant immediately if there is no Tawtheeq contact?

Greetings,

In Abu Dhabi, Tawtheeq registration is mandatory for tenancy contracts, and failing to register may have legal implications. Here’s what you need to consider:

Risk of Non-Registration: Without a Tawtheeq contract, enforcing eviction or rent claims through legal channels can be challenging. The tenant may also claim indefinite occupancy rights.

Tenant’s Legal Options: If the tenant refuses to vacate, they could file a rental dispute claiming an implied lease, potentially delaying your move-in plans.

Eviction Process: Since you’ve already informed the tenant of non-renewal, a formal notice may still be required under Abu Dhabi rental laws to prevent legal complications.

To avoid disputes and ensure a smooth transition, we strongly recommend a legal consultation to assess your best course of action. Book an appointment with Future Vision for Advocacy and Legal Consultancy today!

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Hello,

If the tenant refuses to vacate the property, and there is no registered Tawtheeq contract to back up your claim to ownership or your intent to move in, it could be challenging to resolve the situation through legal channels.

In this case, the eviction process may become prolonged. Even without a Tawtheeq contract, you can still issue a formal notice to the tenant that you intend to move in and do not wish to renew the lease.

The notice should be in writing and specify the reasons, giving the tenant proper time to vacate in accordance with the terms of the original agreement.

For further assistance, kindly share your Whatsapp number.

In Abu Dhabi, lease contracts must be registered through Tawtheeq as per Abu Dhabi Law No. 20 of 2006, which protects the rights of both landlords and tenants, failing to register a Tawtheeq contract exposes landlords to risks such as lack of legal protection, tenant claims to remain in the property, potential unlawful eviction claims, difficulties in dispute resolution, and financial losses from prolonged occupancy.

On the other hand, tenants have recourse to claim occupancy rights, seek legal intervention, or negotiate terms.

Therefore, landlords are advised to consult a real estate lawyer, issue formal notices, and pursue amicable resolutions to mitigate such risks.

Dear questioner

It will be better to make an agreement with the tenant and in case he breaches, then initiate the legal procedures, or else we need to issue a formal notice to evict and then take the matter to the Police station.

If you need more clarification, kindly share your Whatsapp number.

You must officially notarize your tenancy contract with the tenant through the Abu Dhabi-approved Ejari system.

If the tenant refuses to vacate after being notified of non-renewal, you can file an eviction case with the court to enforce your legal rights.

If you plan to move out, you must formally notify the tenant and follow clear legal procedures to ensure that both parties' rights are protected.

It is best to notarize the contract as soon as possible if it is not already officially notarized to protect your rights as the landlord.

If the tenant refuses to vacate, you can file an eviction application with the court under the Tenancy Law.

Dear M.,

Thank you for your inquiry. Here are the key points regarding your situation:

Implications of No Tawtheeq Contract: Without a Tawtheeq-registered contract, your legal standing is weaker, especially if a dispute arises.

Tawtheeq ensures the lease is officially recognized under UAE law, and without it, the tenant may challenge termination or eviction.

Risks if Tenant Refuses to Move Out: If the tenant refuses to vacate, the lack of a registered contract could complicate eviction. The tenant might claim the lease remains valid and challenge your actions.

Tenant’s Legal Actions: The tenant may argue they are still protected by the original lease terms and could resist eviction, potentially requiring formal legal proceedings.

Recommendations:

Consider Registering the Lease: To protect your position, it may be advisable to either formalize the lease or properly terminate it through legal channels.

Negotiate with the Tenant: If possible, try negotiating an amicable exit for the tenant.

Please let me know if you need further assistance.

Best regards,

Mohammed Salah

Legal Consultant

Even without a Tawtheeq contract, you can still issue a formal notice to the tenant that you intend to move in and do not wish to renew the lease.

The notice should be in writing and specify the reasons, giving the tenant proper time to vacate in accordance with the terms of the original agreement.

In order to safeguard your interest, it will be better to serve a legal notice for eviction and give a notice period for the tenant to comply with eviction.

If you need further, clarification you may ask.

According to UAE law, all tenancy contracts must be registered with the relevant authorities, such as the Abu Dhabi Municipality or the Real Estate Regulatory Agency (RERA).

This registration process is known as Tawtheeq and it is mandatory for all rental agreements in Abu Dhabi.

If your lease is not registered with Tawtheeq, it is considered invalid and does not hold any legal weight.

This means that you do not have any legal rights as a landlord and the tenant is not legally obligated to pay rent or vacate the property.