Does a landlord have the right to cut electricity and water connection in a tenanted property? Can he order eviction of a tenant before the tenancy contract expires?
The landlord has no right for any reason to cut the electricity even if it is mentioned in the tenancy contract.
Article 25 of Law No. 33 of 2008 by the amendment of some of the provisions of Law No. 26 of 2007 states the following:
“Landlord may demand eviction of tenant before the expiry of tenancy period in the following cases:
- If the tenant fails to pay rent value, or part thereof, within thirty (30) days of landlord’s notification for payment; unless parties agreed otherwise.
- If tenant subleases the property, or part thereof, without the landlord’s written approval and in such case eviction shall be applicable to the tenant and the subtenant, and the subtenant’s right to refer to the tenant for compensation shall be reserved.
- If tenant uses or allows others to use the property for illegal or immoral activities.
- If the leased property is a commercial shop and the tenant left the same without occupation and without legal reason for 30 continual days or 90 non-continual days in one year; unless the parties agreed otherwise.
- If the tenant causes changes that endanger the 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 his gross negligence to take proper precautions or if he allows others to cause such damage.
- If tenant uses the property for purposes other than the purpose it was leased for or if he uses the property in a way that violates planning, building and land using regulations.
- If the property is in danger of collapse provided that landlord must prove such condition by a technical report issued by Dubai Municipality or accredited by it.
- If tenant fails to observe legal obligations or tenancy contract conditions within (30) days from the date of notification by landlord to abide by such obligations or conditions.
- If development requirements in the emirate require demolition and reconstruction of the property in accordance with government authorities’ instructions.
And for the purpose of this clause (1) of this Article, the landlord must notify the tenant through the Notary Public or by registered mail.”
In case a landlord decides to file an eviction case, he must notify the tenant officially. In other words, he has the right to file an eviction case only after 30 days from the date of receiving the notification by the tenant, else the case might be rejected.
