Question: What are the reasons according to which I, as a landlord, have the right to request the eviction of a tenant? Is making additions by the tenant, without the municipality’s permission, a reason for eviction?
Answer: I would advise the questioner that as per Article 19 of law no 26 of 2007 regulating the relationship between landlords and tenants, the tenant shall not make any changes, renovations or maintenance works without landlord’s permission, after obtaining necessary approvals from competent authorities. This shall not violate the tenant’s obligation to execute agreed upon maintenance or that which is ordinarily done by tenants.
The landlord has the right to vacate the tenant in case the tenant makes a change to the real property that renders it unsafe in a manner that makes it impossible to restore the real property to its original state,
Causes to evict the tenant from the real property prior to the expiry of the term of the tenancy as per Article 25 of the above law, are: — (a) where the tenant fails to pay the rent or any part thereof within thirty (30) days after the notice to pay is given to the tenant by the landlord unless otherwise agreed by the parties; b) where the tenant sublets the real property or any part thereof without obtaining the landlord’s approval in writing. In this case, the eviction will apply to both the tenant and sub-tenant.
However, the sub-tenant’s right to claim a compensation from the tenant will be preserved; c) where the tenant uses the real property or allows others to use it for any illegal purpose or for a purpose which breaches public order or morals; d) where the tenant of commercial real property leaves it unoccupied for no valid reason for thirty (30) consecutive days or ninety (90) non-consecutive days within the same year, unless agreed otherwise by both parties; e) where the tenant makes a change to the real property that renders it unsafe in a manner that makes it impossible to restore the real property to its original state, or damages the real property wilfully or through gross negligence, by failing to exercise due diligence, or by allowing others to cause such damage; f) where the tenant uses the real property for a purpose other than that for which the real property was leased, or uses the real property in a manner that violates planning, construction, and use-of-land regulations in force in the emirate;
g) where the real property is condemned, provided that the landlord must prove this by a technical report issued by or attested to by Dubai Municipality; h) where the tenant fails to observe any obligation imposed on him by this law or any of the terms of the tenancy contract within thirty (30) days from the date a notice to perform such obligation or term is served upon him by the landlord; or i) where competent government entities requires demolition or reconstruction of the real property as per urban development requirements in the emirate.
For the purposes of paragraph (1) of this Article, the Landlord will give Notice to the Tenant through a Notary Public or registered post.