Questions & Answers
Is a 3-month notice for non-renewal of our warehouse lease valid?
Hello,
We would like to ask for legal advice. Our company is currently renting a warehouse, and our contract ends in June. We have just received an email from the landlord stating that they do not wish to renew our contract once it expires.
Please note that we were informed through a regular email, not via an Emirates Post registered email or Dubai Courts. They mentioned that they will use the warehouse for their own purposes.
May I know if this is allowed, considering we were given only three months' notice?
As I understand, a one-year notice is required for eviction. Does our case fall under eviction?
I look forward to your response, as we would like to explore our options.
Thank you for reaching out regarding your warehouse lease situation!
Under UAE tenancy laws, particularly the Dubai Rental Law (Law No. 26 of 2007, as amended by Law No. 33 of 2008), a landlord must provide at least 12 months’ written notice via a notary public or registered mail if they intend to evict a tenant for their own use.
A simple email does not meet the legal requirements for eviction notification.
Since you were only given three months’ notice via email, this does not comply with the legal framework. You may have the right to challenge this notice and request a proper 12-month notice if eviction is being enforced.
I strongly recommend discussing this matter further so we can evaluate your options, including filing a case with the Rental Dispute Center (RDC) to protect your rights.
Please reach out to me via WhatsApp or phone at [-----------] so we can go over the details and determine the best course of action.
Best regards,
Suhail Rana
Dear Inquirer,
In Dubai, landlords must provide at least 12 months' written notice via a notary public or registered mail if they intend to evict a tenant for reasons such as self-use. An email alone does not meet the legal requirements for eviction notice.
Your case may not qualify as a legal eviction, and you could have grounds to challenge it. However, the specifics of your lease agreement and the circumstances require further legal review.
To explore your legal options and ensure your rights are protected, we recommend booking a consultation with us or engaging our firm for representation.
Best regards,
Hello,
According to Dubai tenancy law, specifically Article (25)(2) of Law No. (33) of 2008 (amending Law No. (26) of 2007), the landlord must serve at least a twelve-month written notice prior to the date set for eviction if they intend to recover the property for personal use.
Importantly, such notice must be delivered through Emirates Post Registered Mail or by Notary Public notification. A regular email, as sent in your case, does not satisfy this legal requirement and, therefore, cannot be deemed a valid notice.
Consequently, the landlord’s email alone is insufficient to mandate your eviction. You are fully entitled to continue occupying the warehouse, provided you continue to pay rent on time and comply with your obligations under the tenancy agreement.
The landlord does not have the legal right to evict you merely due to the expiration of the contract without serving the legally required notice and proving genuine personal use as stipulated by law.
If you require any further assistance or clarification, please feel free to contact me at [-----------].
Hello dear questioner,
The notice period is 3 months if the tenant is late in paying the rent or in the event that the owner and tenant wish to amend the terms of the contract.
However, in the event that the owner wishes to use the warehouse for personal use, the notice period must be 12 months.
You can object to the notice and request to renew the contract again under the same conditions, and we can help you in the matter.
For further discussion, please share your WhatsApp number.
The Rental Law in Dubai makes it mandatory that the landlord should serve a 12-month eviction notice to the tenant through a notary in order to terminate the contract, which will result in evicting the tenant from the property.
Yes, your case falls under eviction. The landlord's claim that they intend to use the property for their own use is a potential reason for non-renewal.
However, the legitimacy of this claim could be questioned if there's evidence suggesting otherwise. If he has other properties in the same emirate, then this reason can be challenged.
We will discuss the possibilities in detail. Kindly share your WhatsApp number to proceed.
It appears that receiving only three months’ notice may not comply with either local law or potentially your specific rental agreement requirements regarding non-renewal, therefore, you may have grounds for contesting this decision legally.
Hello!
If the landlord does not wish to renew the lease upon its expiration and intends to use the property for their own purposes, the notice period generally needs to be at least one full year before the expiration of the contract.
A three-month notice (like the one you received) would not generally be sufficient unless otherwise specified in your contract.
Simply receiving an email of eviction may not be sufficient to meet the legal requirements, especially when you have been given a short notice period.
Kindly share your contact details or reach out at [-----------] for further understanding of your case and to determine the best way forward.
Dear Questioner,
Good morning!
Your case falls under eviction rules as per Dubai’s rental laws, which require a 12-month notarized notice for eviction if the landlord intends to use the warehouse for personal use. A simple email notification is not legally valid for eviction purposes.
Since your landlord only gave you three months' notice via email, this does not comply with 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, which mandates a formal, notarized, and registered notice through Emirates Post or Dubai Courts for eviction due to personal use.
Therefore, you have the legal right to dispute this and remain in the property until a proper 12-month notice is served.
We are ready to assist you in filing a case with the Rental Dispute Center to challenge the eviction and protect your company's rights, leveraging our 16+ years of legal expertise in UAE real estate laws.
Feel free to contact us for further assistance.
Dear Client,
The eviction notice to use the property must be sent at least 12 months in advance as per the law. Based on this, you can stay at the property until the 12-month period has passed.
If you need any further assistance, please contact us at [---------].
The landlord must provide a 12-month notarized eviction notice through Dubai Courts or registered mail if the reason for eviction is personal use or selling the property.
An email notification is not legally valid. You can challenge the notice if it is not served correctly.
For assistance, contact us at [-----------].
Greetings,
Yes, that is true. If they want to use the leased premises, a 12-month notice must be sent to the tenant as per Section 25(2) of the law.
Best Regards,
Hello,
The law states that only the new owner has the right to evict the tenant, but the process is as follows:
The old owner must first send you a legal notice for eviction, and then the new owner must issue another notice with the same dates as the old one to reinforce the eviction.
Conclusion:
If you have not received any legal notice from both parties, do not vacate the property. In general, do not vacate unless there is a court judgment.
Please contact our office manager on his mobile number [------------].
Dear Valued Client,
Thank you for reaching out regarding your commercial lease situation!
I appreciate the opportunity to provide some clarity on your current circumstances. Based on the information you've shared, please find below a professional assessment of your situation:
1. Notice of Non-Renewal:
The landlord's communication via email, providing three months' notice before the lease expires in June, is generally considered sufficient for commercial properties in Dubai.
The standard notice period for non-renewal of commercial leases is indeed 90 days before the end of the lease term.
2. Method of Notification:
While formal methods of communication (such as registered mail or notary public notices) are preferable, there is no strict legal requirement mandating these methods for non-renewal notices. However, it is advisable to have written documentation of this notice.
3. Eviction vs. Non-Renewal:
Your situation does not constitute an eviction. The landlord is exercising the right not to renew the lease at the end of its current term. The 12-month notice period you referenced typically applies to evictions during an ongoing lease, not to non-renewals at the end of a lease term.
4. Landlord's Stated Intention:
The landlord's expressed intention to use the property for their own purposes is considered a valid reason for non-renewal under Dubai tenancy laws.
Given these circumstances, I would recommend the following course of action:
1. Request a formal written notice of non-renewal from the landlord, if you haven't already received one.
2. Begin searching for alternative warehouse space immediately to ensure a smooth transition.
3. Review your current lease agreement for any specific move-out procedures or requirements.
4. If additional time is needed, consider negotiating a short-term extension with the landlord, understanding that they are not obligated to agree.
While this situation may present challenges, based on the information provided, the landlord appears to be acting within their legal rights. It would be prudent to start planning your relocation as soon as possible.
If you require further assistance or have specific concerns about your lease agreement, I would recommend consulting with us. We specialize in commercial tenancies.
Please don't hesitate to reach out if you need any additional clarification or support.
Respectfully,
ABDUL WAHIED
