Q: My tenant has not paid the full installment of the last rent. Do I need to send him a 30-day notice, or can I request an eviction notice? A: The landlord has the right to request the eviction of the tenant from the property before the lease period expires if the tenant fails to pay the rent…

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A tenant defaulted on rent. 30-day notice or eviction?

Hi,

My tenant has not paid the full installment of the last rent payment—AED 5000 left. He hasn't paid the last two months of the Empower bill, and it's now disconnected.

I have a cheque bounce report from the bank due to insufficient funds. Additionally, I caught him overcrowding the unit without my permission.

Although he promised to leave on Nov 30 (the last day of the Ejari contract), the Ejari has expired, and he is still in the apartment.

Do I need to send him a 30-day notice, or can I request an eviction notice? Is there any 3-day notice?

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Mahmoud Khashaba

Al Hajeya Alnoobi Advocates and Legal Consultants

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20 Dec 2023, 07:01

Hello,

20 Dec 2023, 07:02

According to Law No. 26 of 2007, as amended by Law No. 33 of 2008, regulating the relationship between landlords and tenants of real estate in the Emirate of Dubai:

The landlord has the right to request the eviction of the tenant from the property before the lease period expires if the tenant fails to pay the rent or any part of it within thirty days from the date the landlord notifies them of the payment, either through a notary public or registered mail, unless the parties agree otherwise. (Article 1/25/A)

The tenant is obligated to pay the rent on time, and filing an eviction lawsuit does not exempt the tenant from paying the rent for the duration of the lawsuit proceedings, including the issuance and execution of the judgment. (Articles 19 and 31)

The parties to the contract may stipulate special conditions that do not contradict public policy. (Article 206 of the Civil Transactions Law)

Unless the lease contract states otherwise, the tenant is responsible for paying all fees and taxes due on the use of the property to government entities, as well as any fees or taxes imposed on the lease from within. (Article 22)

20 Dec 2023, 07:07

Therefore, according to your explained situation, the contract is renewed and legally binding between you and the tenant.

You must officially notify the tenant to pay the rent within 30 days or face eviction in case of non-payment.

In such a scenario, you have the legal right to proceed with the eviction.

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