Q: Dear Sir/Madam, We won an eviction case and appeal against a tenant. We filed for execution, and the tenant has filed a reconsideration case. The eviction date is 12th Feb, and the hearing date for the reconsideration case is 7th Mar. 1) Can the eviction happen on 12th Feb despite the reconsideration case? 2) Is our final right of eviction of the tenant based on the judgment of the Reconsideration case? If so, can we request an earlier hearing date for it? The tenant fraudulently kept us away from the court proceedings in an offer to deposit case he filed before the eviction case and got a favorable judgment. His basis is that he already has a judgment for an extension of Ejari which precedes the eviction judgment (i.e., an argument of Res Judicata). The court recognizes our reply that the argument doesn't apply as the cause of action of both judgments is different. The tenant has already extended his stay in the property by 8 months this year (post end date of Ejari) and has not paid rent either. We served a 12-month legal vacating notice for sale as per law. How can we evict him at the earliest?

Q: Can a tenant refuse to leave my house although he has agreed and signed a clause in the tenancy contract? The contract stipulates that if the owner finds a buyer for his property, the tenant will leave within 90 days of being informed and he will get an AED 31000 compensation.

Q: Hello Advocate Nikhat, How are you, Madam? My house is in Abu Dhabi and I had rent bounced cheques due to my job loss. Q.1 As we know that for a rent cheque bounce, after the police case is closed and the civil case is opened, then in this civil case, the judge will decide on the amount for instalments. Won't he consider what we say about how much we can pay? Q.2 Ref to the above question, it means there is no jail directly if we agree with the judge on the amount to be paid in instalments. Now, I understand that once the instalments are finalized, then we have to pay them regularly. The question is, in the civil case, there is no direct Jail in the first or second hearing, as the judge negotiates the amount for payment, correct? Q.3 During eviction case, when rent/lease is expired. Since the lease is now connected with Tawtheeq, so if Tawtheeq expires as the rent agreement expires, Will ADDC cut my electricity during this time? Q.4 Please, also advise what is Legal Advice Middle East, is it a law firm?

An interview-format article covering the topic of residential retail properties pertaining to the liability for property maintenance and the repercussions of defaulting on rent payments in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

The relationship between tenants and landlords is regulated in Dubai by Law No. 33 of 2008 Concerning the Relationship Between Landlords and Tenants in the Emirate of Dubai. The arising rental disputes are referred to Rental Disputes Settlement Centre (“RDSC”) created by Decree No. 26 of 2013 to reconcile between the parties and reach an amicable settlement or seek a final judgment issued and enforced by the RDSC.

Provisions of this Law supersede articles (2), (3), (4), (9), (13), (14), (15), (25), (26), (29), and (36) of Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai. 

The provisions of this Law apply to real property leased out in the Emirate of Dubai, including vacant and agricultural lands, but excluding hotel establishments and real property provided by natural or legal persons as accommodation to their employees at no charge.

This Decree establishes a specialised judicial system to hear rent disputes and develops the procedure for determination of such disputes through an expeditious and simple process for the purpose of realising social and economic stability for all persons involved with the real property rental and other related sectors.