Eviction notice
Question: My tenancy contract is for three years and it is due to expire in March 2021. According to Dubai Rental Court, does the landlord have the right to force me to vacate the property? The landlord sent me an eviction notice one month ago. Please advise.
Answer: I would like to advise the questioner that according to Law No 26 of 2007, Article No 25: Eviction, paragraph No 2: ‘The landlord may demand eviction of tenant upon expiry of tenancy contract in the following cases:
A) If development requirements in the Emirate require demolition and reconstruction of the property, in accordance with instructions from government authorities.
B) If the property requires renovation or comprehensive maintenance, which cannot be executed while the tenant is occupying the property, provided that a technical report attested by Dubai Municipality is submitted to this effect.
C) If the landlord wishes to demolish the property for reconstruction or to add new features to the construction that will prevent the tenant from benefiting from the leased property, provided that necessary licences are obtained to that effect.
D) If the landlord wishes to recover the property for use by him personally or by his next of kin of first degree.
However, in all the above-mentioned four cases, the landlord must notify the tenant about the reasons behind the eviction at least 90 days prior to the end of the tenancy contract.”
Finally, the landlord, according to Dubai rental law, has the right to ask the tenant to vacate the property only in view of the reasons mentioned above.
Driving under the influence
Question: The driver of a company got injured when the company car he was driving met with an accident. The medical and police reports mentioned that the driver had become unfit for work. It was also mentioned in the same reports that the driver was under the influence of alcohol when the accident occurred. My question is, according to UAE Labour Law, does the company still have to pay compensation on the ground of work-related injury? Please advise.
Answer: Article No 153 of Federal Law No (8) of 1980 states the following:
‘Neither the injured employee nor the members of his or her family shall be entitled to indemnity in respect of injury or disability if it does not cause death and if the investigations by the competent authorities establish that the employee had deliberately caused injury to himself or herself with intention of committing suicide or to obtain indemnity or sick leave or otherwise; or if the employee was, at the time of the incident, under the influence of drug or alcoholic drinks; or if he or she wilfully violated safety instructions displayed conspicuously at the place of business; or if his or her injury or disability resulted from a serious premeditated misdemeanour on his or her part; or if he or she had refused unreasonably the medical checkup or treatment as prescribed by the medical board formed in accordance with the provisions of Article (148).’
In any of the cases mentioned above, the employer shall not be under any obligation to provide treatment or any financial assistance to the employee.
