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Dubai, UAE

Will RDC accept a non-notarised eviction notice sent by registered post?

Dear Sir/Madam,

Eviction notice to the tenant due to sale: According to Article 25 (2) of Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai:

"For the purposes of paragraph (2) of this Article, the Landlord must notify the Tenant of the eviction reasons twelve (12) months prior to the date set for eviction, provided that this notice is given through a Notary Public or registered post".

The Law is clear that the notice can be sent by "registered post" as an alternative to being sent through Notary Public. I called DLD, they said the Notice must be sent by registered post after it is notarised.

In case of a dispute, will RDC accept a non-notarised notice sent by registered post?

Wafa Ali Alhosany Advocates & Legal Consultants
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5 Feb 2024, 07:05

Welcome,

Yes, it is true that your reading of the legal text is completely correct, and you can send the legal notice by registered mail only, and it will be accepted by the Rental Disputes Committee.

Greetings,

Kindly contact us for further assistance!

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Middle East Legal Consultants
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5 Feb 2024, 07:08

Dear sir,

The law does not specify that the notice must be notarized; any notice will be acceptable if it includes clear information and is sent through a Notary Public or registered post, such as Aramex or Tabreed.

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KHE Legal Consultancy
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5 Feb 2024, 07:13

Dear Questioner,

For sending an eviction notice, it is mandatory to notarize the eviction notice.

5 Feb 2024, 07:13

If any dispute arises, the RDC will specifically consider whether the eviction notice is notarized or not as notarization gives legal validity to the notice.

5 Feb 2024, 07:14

Kindly contact us for further assistance!

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Dar Al Haqooq Legal Consultancy
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5 Feb 2024, 07:33

Dear Client,

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

In case of a dispute, the Rental Dispute Center (RDC) in Dubai may consider the validity of a non-notarized eviction notice sent by registered post.

However, to reduce the risk of disputes, it is advisable to have the eviction notice notarized before sending it.

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 be happy to help you.

Thanks & Regards,

ABDUL WAHIED

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Shamsa Albedwawi Advocates & Legal Consultants
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5 Feb 2024, 08:56

Dear Questioner,

According to the article you've referenced, the landlord is required to provide a 12-month eviction notice to the tenant if the property is to be sold, and this notice must be delivered either through a Notary Public or via registered post.

The confusion often arises from the interpretation of "registered post" and whether it needs to be notarized before sending.

While the law mentions that the notice can be sent by "registered post" as an alternative to being sent through Notary Public, the advice you received from the Dubai Land Department (DLD) indicates that for the notice to be considered legally binding and effective, it should be notarized before it is sent by registered post.

This extra step of notarization before sending by registered post helps ensure the authenticity and legal weight of the notice, potentially safeguarding the landlord's position in case of a dispute.

To ensure the eviction notice is legally sound and enforceable, it would be prudent to follow the process as advised by DLD:

Notarization: Have the eviction notice notarized to confirm its authenticity.

Registered Post: Send the notarized notice via registered post to provide a verifiable record of its delivery.

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