Dubai, UAE

How long should the eviction notice for personal use be served before eviction?

Hi,

I have sent an eviction notice to my tenant (as I plan to use the property for my own - 2BR in free zone Dubai) 4 months ago via Emirates Post registered email service (and I have got a digital certificate time stamped of receipt ).

Is this accepted by the Dubai courts?

My tenant is refusing to provide a tentative day to move out within the 12 months period from when I have sent the email, and says that according to RERA he will vacate the property only after 12 months since he received an ‘official notice of eviction’.

The current tenancy contract expires in 2 months and I do not know what should I do if we do not reach an agreement.

1. Can I deny to sign a new contract upon expiration or I am obliged to do so, and if yes, for what period?

2. Should I send it through Notary Public or registered mail (courier with acknowledgment of receipt) a new eviction notice?

That would mean that I acknowledge the previous one was void.

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Ahmed Gabr

Elnaggar & Partners

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13 Jul 2022, 12:35

Dear Questioner,

Unfortunately, you have to serve the eviction notice 12 months prior to the expiry date of the contract.

In our case, if the contract is one year, then you need to serve the eviction notice on the date of signing the contract, then by the next year you can evict him.

But now, you have no choice but to renew the contract for one more year with the same old terms.

13 Jul 2022, 13:20

Sorry but it is not clear to me your advice.

My first question was:

1. Is a registered email service (offered by Emirates Post and triggers a digital certificate time stamped, with the recipients data and content of the email) an acceptable form of registered mail?

According to Emirates Post, it is legal and in the past, Dubai courts have accepted as a proof of evidence.

2. If I want to use for my own a property that I purchased and is already rented, do I need to wait for the tenancy contract first to expire and then only send a notice of eviction?

My understanding of the law was that I have the right to raise the notice of eviction at any time.

13 Jul 2022, 13:26

Dear Questioner, its okay. I understand, please note the following:

Regarding your first question, yes its acceptable.

Regarding the second question, no you have to send 12 months PRIOR to the expiry date of the contract, otherwise, you cannot evict the tenant for any reason whatsoever unless its breach from his end.

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