Ask Gulf News: Can a Dubai landlord evict a tenant for shutting a business without notice?

Question: I rented my shop which is located in a hotel in Dubai. As per the Ejari contract, the tenant should not close the shop for more than 7 consecutive days. I discovered that the shop is closed for 10 days. My question, where should I file the case to evacuate him? And do I need to notify him in prior?

 Answer:

1-     You have to file the case in front of the Rental Dispute Center because the hotel shops are included in the application of Rental Laws according to Article (3) 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 states  that (The provisions of this Law will apply to land and Real Property leased out in the Emirate, excluding Real Property provided free of Rent by natural or legal persons as accommodation for their employees).

2-     You need to notify him 30 days in prior, through a Notary Public or by registered mail, in order to be able to evacuate him due to his failure to comply with the Lease Contract terms. According to paragraph (1) of Article (25) of the above-mentioned law, ((1. A Landlord may request eviction of the Tenant from the Real Property before expiry of the Lease Contract only in the following cases:

d- unless otherwise agreed by the parties, where the leased Real Property is used as business premises and the Tenant leaves it unoccupied without a valid reason for a period of thirty (30) consecutive days or ninety (90) non-consecutive days in a year;

h. where the Tenant fails to comply with any of his obligations under this Law or any of the Lease Contract terms within thirty (30) days from the date on which a Notice requesting him to comply with that obligation or term is served upon him by the Landlord;

For the purposes of paragraph (1) of this Article, the Landlord will serve a Notice on the Tenant through a Notary Public or by registered mail.)