Questions & Answers
Evicting the defaulting tenant immediately if it is mentioned in the contract
Dear All,
I have the following question.
I am the landlord of an apartment in Dubai. It was rented out by me to a touristic company which now owes me 6 months rent payment. In the contract which we have signed we have the following clause:
"In case of any cheque returned unpaid without any valid reason from the tenant, and the tenant fails to settle the cheque value within 20 working days, then the tenant shall be entitled to a delayed penalty equal to 2% of the cheque value added to the due amount and if it is not settled after 7 working days from the date of penalty applied on the due cheque, then the owner has the right to terminate the contract and take immediate possession of the apartment."
So, does it mean that I can write an email to him and say that I am terminating the contract and taking possession of the apartment? Or do I still need to send some eviction notice?
Dear Questioner,
You can write a letter to the tenant and demand payment of rent unpaid as per the tenancy agreement.
Article 25 of Law 26 of 2007 Regulating the Relationship Between the Landlords and Tenants in Dubai (the Rent Law) (as amended by Law 33 of 2008) provides for the circumstances in which a landlord can ask a tenant to vacate his property.
"A landlord may demand eviction of the tenant before the expiry of the tenancy period in the following cases:
a. If the tenant fails to pay rent value, or part thereof, within thirty (30) days of the landlord’s notification for payment; unless the parties agreed otherwise"
Hence, you can demand the payment of rent unpaid by the tenant, and in case the tenant fails to make the payment within the statutory period of 30 days from the date of receipt of the notice then you can proceed with the eviction of the tenant.
Should you have any queries then kindly contact us on the phone or email.
Thanks
You need to serve a legal notice through the notary public to your tenant.
