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A registered eviction notice was not delivered by the courier. Is it still valid?

Hi,

An eviction notice was registered through a notary public, but the courier didn't deliver it because the tenant wasn't home, didn't pick up the phone, and the paper was not stamped on the door, hence, the tenant never knew of it.

Is the eviction notice valid?

Thank you!

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London Center for Legal Consultancy Office
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24 Feb 2024, 09:15

Dear Questioner,

The notice or legal warning does not have legal effect until the tenant knows and signs the receipt.

For further inquiries about your topic, you can reach our office or contact us via WhatsApp or email.

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Alawi Aljaberi Advocates & Legal Consultants
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24 Feb 2024, 10:05

Yes, it is valid as the tenant may have received it via email.

24 Feb 2024, 10:15

If the courier didn't leave it at the door, didn't send an email, and only attempted a failed phone call and physical delivery, would it still be considered valid?

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Dar Al Haqooq Legal Consultancy
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25 Feb 2024, 12:23

Dear Client,

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

The eviction notice may be invalid if it was not delivered in person, left at the residence, or properly notified to the tenant.

Many jurisdictions require proper eviction notice service for legality. To avoid tenant legal disputes, the landlord should serve the eviction notice according to local legislation.

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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Amiri Advocates & Legal Consultants
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25 Feb 2024, 12:39

The courier was supposed to stick the notice on the door. The notice is therefore invalid.

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Mohamed Bakheet Advocates & Legal Consultants
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26 Feb 2024, 12:28

Do not send the warning by email, fax, or phone, and request that from the advertising department

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Shamsa Albedwawi Advocates & Legal Consultants
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26 Feb 2024, 13:22

Dear Questioner,

If a courier attempted to deliver the eviction notice but was unable to do so because the tenant was not home, did not pick up the phone, and no notice was visibly posted on the property, there could be a question of whether the tenant was adequately informed of the eviction notice.

The law generally requires that the tenant has been given proper notice in a manner that is considered legally acceptable.

In Dubai, if the tenant claims not to have received the notice, and it can be proven that all reasonable steps were not taken to serve the notice correctly, the eviction process might be deemed invalid.

The landlord might need to reissue the notice and ensure it is served in a manner that can be legally verified, unless there has been a delivery report provided by the courier to the landlord, substantiating that it has been properly served to the tenant.

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