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Dubai, UAE

How to evict a tenant from an apartment while being outside the UAE?

Good day,

I am an owner of a property in Dubai. I have rented my apartment to a vacation homes' company which in turn are sub-leasing it to their clients.

The original agreed payment method was monthly for the first 3 months and afterward, 3 post-dated cheques, one of the cheques become due on 3rd November. When I tried to cash it, it was returned.

I have then communicated with the tenant (company owner) who asked me to allow him to pay again monthly for 3 more months.

The first installment to be due on 14 Nov by wire transfer, he did not pay on time and I had to call him many times and chase him until he finally agreed to provide 3 cheques for Nov, Dec, Jan.

When I tried to cash the first cheque, it again got returned due to insufficient funds.

My question is, how can I proceed further to evict them from my apartment? I have sent them an email notification that they are in breach of contract.

I must mention that I am not a UAE resident at the moment and live outside the UAE.

Appreciate any advice!

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Colin Biggers & Paisley Lawyers (Middle East)
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19 Nov 2020, 09:30

Dear Questioner,

Tenancy disputes are subject to the provisions of Law No. 26 of 2007 Regulating the relationship between Landlords and Tenants in the Emirate of Dubai as amended by Law No. 33 of 2008.

Article 25 (1) states that the Landlord may demand eviction of the tenant before the expiry of the tenancy period if the tenant fails to pay rent value or part thereof, within thirty (30) days of landlord’s notification for payment; unless the parties agreed otherwise.

Therefore, the tenant must be notified to pay the rent (through registered mail or notary public). If the tenant does not make the payment within 30 days, then the Landlord can demand eviction through a case filed before the Rent Committee (for the Settlement of Disputes between Landlords and Tenants) who will issue an award to vacate the premises.

You can issue a power of attorney to us; we can represent you in this case and file a case for eviction of the tenant.

You can contact us via phone or email for assistance in this regard.

Thanks!

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Al Safar & Partners Advocates & Legal Consultants
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24 Nov 2020, 13:32

Dear Client,

Good day!

Yes, it is possible for you to evict. You need to file a case in the Rent Committee. You need to terminate the agreement with the vacation homes' company if you are not happy with them.

Please send us the contract to review the termination clauses and after terminating the agreement, you can go to the Rent Committee and evict them.

For further assistance, please feel free to contact us via phone or email.

Thank you!

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