Can my landlord evict me over a phone call or WhatsApp?
What are the requirements an eviction notice should fulfil in Dubai?
Dubai: Have you received a phone call or Whatsapp message from your landlord informing you that you need to vacate the property?
In an online post by the Dubai Land Department (DLD) on August 5, Dubai residents were informed that landlords are not allowed to send an eviction notice through Whatsapp or over a call.
Gulf News spoke with legal experts to find out more about how you can expect an eviction notice to be served and what you can do in case the landlord does not comply with the requirements.
Reason for eviction should be provided
According to Imran Khan, advocate and legal Consultant at Bin Eid Advocates, there is a specific procedure outline in Dubai’s rental law – Law No. 26 of 2007 - Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai. Not only does this process need to be followed but the landlord is also required to give the notice to the tenant along with the reason for eviction.
“In order to legally evict a tenant from a property, the landlord needs to get a court order and notify the tenant through a notary public attested notice, as stated in Article 25 of the law,” he said.
In order to legally evict a tenant from a property, the landlord needs to get a court order and notify the tenant through a notary public attested notice, as stated in Article 25 of the law
Requirements for the notice to be accepted legally
Mohamed Noureldin, founder and senior legal consultant at Nour Attorneys, spoke about how the legal definition of a ‘notice’, within Dubai’s Rental Law does mentioned a notice delivered ‘by any technological means approved by law’, however it has some limitations.
“As per the definition of notice provided in the law, notice means a ‘written notification sent by either of the [parties to the] tenancy contract to the other party through a notary public, registered mail, personal delivery or by any technological means approved by law’,” he said.
As per the definition of notice provided in the law, notice means a ‘written notification sent by either of the [parties to the] tenancy contract to the other party through a notary public, registered mail, personal delivery or by any technological means approved by law
“Technological means include email or other means that are proven to be related to the receiving party, such as the phone number or email address in the lease agreement. However, it is pertinent to mention here that there is a limitation about serving notices in person or through electronic means,” he added.
Noureldin further clarified that the law provides certain circumstances in which the landlord is required to send the notice through the Public Notary or registered mail. These are:
1. Evacuation to demolish the property.
2. If the property requires renovation.
3. If the owner of the property wants to receive it back for his personal use.
4. If the owner of the property wants to sell the leased property.
Can a tenant take legal action?
According to Manali Sangoi, associate at Hadef and Partners, there are very specific steps that landlords need to follow in order to evict a tenant, whether before or after the lease expires. The landlord is required to comply with the specific conditions laid out in Dubai’s rental laws which permit a landlord to evict a tenant before or after the lease expires. In case the notice sent to the tenant is not notarised, the tenant can raise the issue with the Rental Dispute Settlement Centre (RDC).
Sangoi confirmed: “The notice has to be notarised by the notary public and any other form of notice by the landlord, like email or Whatsapp, to the tenant will be rejected by the Rents Dispute and Settlement Committee.”
The notice has to be notarised by the notary public and any other form of notice by the landlord, like email or Whatsapp, to the tenant will be rejected by the Rents Dispute and Settlement Committee
However, as tenancy cases can differ based on circumstances, she advised tenants to seek legal advice to know more about their rights and legal remedies available to them in their specific case.