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I agreed last year by email with my tenant to vacate and now he refuses. How to evict him?

Dear Sir/Madam

Last year there was a mutual agreement with my tenant via email to terminate the tenancy contract this year.

However, the tenant wants to renew for another year due to a change in his circumstances.

Do I need to send a 30-day judicial notification for breach of contract before filing an eviction case in RDC?

On what legal grounds can I file an eviction case if the tenant doesn't honor a mutual agreement via email?

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Al Hajeya Alnoobi Advocates and Legal Consultants
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6 Nov 2023, 07:12

Hello,

If the tenant acknowledges eviction through email, he is bound by his commitment.

You can file an eviction lawsuit based on this acknowledgment from the tenant, as long as the acknowledgment is valid, without coercion, and issued after signing the tenancy contract and during the term of the lease relationship.

Many judgments from the Rent Committee support that.

6 Nov 2023, 07:18

So, can I directly file an eviction case without sending a 30-day judicial warning?

6 Nov 2023, 07:24

The acknowledgment email is dated before the signing of the tenancy contract.

There was no agreement to terminate the tenancy contract after it was renewed.

Would the email acknowledgment still be valid as a prior mutual agreement between the tenant and the landlord?

6 Nov 2023, 07:37

If the email containing the tenant's acknowledgment of eviction was received before signing the tenancy contract, the situation is different.

The court may not consider it valid as it might be seen as made under duress, not of the tenant's free will.

In this case, your position could become weak in winning the case.

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Dar Al Haqooq Legal Consultancy
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6 Nov 2023, 08:03

Dear Client,

Thanks for your question, I hope you are doing well. I will definitely assist you in this matter.

If your tenant wishes to renew the tenancy contract after a mutual agreement to terminate was documented via email, consider sending a formal 30-day judicial notification to confirm your intent to terminate the tenancy as per the agreement.

If the tenant still refuses to vacate, you may file an eviction case in the Rental Disputes Center (RDC) on the grounds of "breach of contract" due to non-compliance with the mutual agreement.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks & Regards

ABDUL WAHIED

6 Nov 2023, 09:38

Will it weaken my case if file an eviction case directly without 30 day judicial notification?

6 Nov 2023, 09:45

Is the mutual agreement valid if it was done one month before the renewal of tenancy contract?

6 Nov 2023, 13:37

You can reach us via WhatsApp or Email.

Note: Please contact us during office hours only Timings for the office from 10:00 AM to 6:00 PM (Monday to Saturday).

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KHE Legal Consultancy
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6 Nov 2023, 10:11

Better settle the matter amicably with the tenant before moving legally, otherwise, serve 12 months' notice as per the rental laws.

If the matter is taken to court, the court may or may not consider this situation according to the contract but the rental laws.

Younis Mohammed Al Blooshi Lawyer & Legal Consultants
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6 Nov 2023, 11:00

You will have to send a notice of non-renewal to the tenant one month before the expiry of the tenancy contract.

If he doesn't vacate the premises, you will have to file a case with the Rental Dispute Committee for resolution.

We will be happy to assist you in this regard. Please contact us by phone or email.

6 Nov 2023, 11:31

Does the one-month notice need to be a judicial notification sent via notary public or registered mail or can I write the notice in email?

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Ibrahim Al Banna Advocates & Legal Consultants
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14 Nov 2023, 18:25

You must send a legal notice for eviction referring to your agreement and then for breach of contract.

Further, you need to make sure that the email agreement was before the registration of the Ejari or I would need to review the agreement by email.

Let me know if you want me to draft the legal notice for you in this case.

Feel free to reach out to me by phone.

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