I rented a shop in Dubai last year. For personal reasons I recently closed the shop for around 45 days and went to my home country. A week ago, I returned to Dubai only to find out that the landlord had sent me — through a notary public — a notice to vacate the shop because I was keeping it closed and not paying the rent. My rent payment was late by only 15 days. Does this give the landlord the right to ask me to vacate the shop? What are the circumstances under which a landlord is allowed to evict a tenant?
Article 25 of the Federal Law No 33 of 2008 by the amendment of some of the provisions of law No 26 of 2007 concerning the regulation of relationship between the landlords and tenants of properties in Dubai, states the following that a landlord may evict a tenant during the tenancy period if:
1) a tenant fails to pay the rent, or part thereof, within 30 days of the landlord’s notification for payment; unless agreed otherwise.
2) If a tenant subleases the property, or part thereof, without the landlord’s written approval. In such a case both the tenant and subtenant will be evicted, and the subtenant’s right to refer to tenant for compensation shall be reserved.
3) If a tenant uses, or allows others to use, the property for illegal or immoral activities.
4) If the leased property is a commercial shop left unoccupied without valid reason for 30 continuous days, or 90 non-continuous days in a year; unless agreed otherwise.
5) If a tenant causes changes that endanger safety of the property in a way that it cannot be restored to its original condition, or if he causes damage to the property intentionally, or due to negligence, or if he allows others to cause such damage.
6) If a tenant uses the property for purposes other than those it was leased for, or if he uses the property in a way that violates planning, building and land use regulations.
7) If the property is in danger of collapse; the landlord must prove this with a technical report issued by Dubai Municipality, or accredited by it.
8) If a tenant fails to abide by legal obligations, or tenancy contract conditions within 30 days of date of notification by the landlord.
9) If development requirements in the emirate require demolition and reconstruction of the property.
For the purpose of this clause (1) of this article, the landlord must notify the tenant through the notary public or by registered mail.
Employment contract
I live in Dubai. I have worked in a company for more than two years on a limited period contract, which expires in June this year. Under the law, upon the expiry of my contract, am I allowed to renew it for an unlimited period? My employer claims that as per the latest Ministry of Labour rules I need to renew my labour contract as a limited one.
Article No 40 of Federal Law No 8 of 1980 states that where two parties continue to abide by a contract, without an expressed agreement, such a contract shall be deemed to have been tacitly extended on the same conditions after the expiry of its initial period, or after the completion of work agreed to in the original contract. However, its duration may change. As such, upon the expiry of the questioner’s current contract, he may renew with another contract for an unlimited period.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
