UAE: Can you evict a tenant over bounced cheques and unpaid rent?

Signed a 20-year deal, now they want to pay less – what are your rights?

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Question: I rented out my land to a company for 20 years for the purpose of building a hospital. Two of the company's payment cheques were returned due to insufficient funds. The company has responded that they do not wish to pay and also want to reduce the rental amount, claiming they discovered the land is full of rocks, which has delayed construction and caused them financial loss. Do I have the right to evict them from the land? And which court should I approach to file the case?

Answer: You must file your case before the civil court, as it holds jurisdiction over disputes arising from long-term rental contracts, which is 10 years and more.

Regarding eviction, you do have the right to evict the tenant, but only after serving them with a notification at least 30 days prior to the intended eviction date.

Rent becomes due upon the tenant receiving the benefit of the property or having the ability to do so. A landlord’s right to receive rent is not negated by the tenant’s claim that they did not benefit from the property in a specific way – as long as the landlord delivered the property or made it available for use.

Article 19 of Law No. (26) of 2007, as amended by Law No. (33) of 2008, governing the relationship between landlords and tenants in the Emirate of Dubai, states:

“The tenant must pay the rent on its due dates...”

Article 25 of the same law states:

“The landlord may request the tenant’s eviction before the end of the lease term in any of the following case:

A - If the tenant fails to pay the rent or any part of it within 30 days from the date of being notified to pay, unless otherwise agreed by both parties.”

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