Question.
A questioner from Dubai asks: Three years ago, I rented out my villa. The term of the lease contract is 3 years and it is mentioned in it that the tenant is obligated to vacate the villa because I want to live in it knowing that I do not own another property in Dubai, but he currently refuses to vacate the property.
My question is, does the tenant have the right not to implement the terms and conditions of the contract and refuse to vacate the property? What are the legal measures to be taken against him in order to vacate the property? Please advise.
Answer.
To answer this question, I would advise the questioner that:
You must notify the Tenant of the eviction reasons twelve (12) months prior to the date set for eviction, provided that this notice is given through a Notary Public or registered post as per Article 25 of the 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 (Upon expiry of the Tenancy Contract the Landlord may request eviction of the Tenant from the Real Property only in any of the following cases:
a) Where the owner of the Real Property wishes to demolish the Real Property to reconstruct it, or to add any new constructions that will prevent the Tenant from using the Real Property, provided that the required permits are obtained from the competent entities;
b) Where the Real Property is in a condition that requires restoration or comprehensive maintenance that cannot be carried out in the presence of the Tenant in the Real Property, provided that the condition of the Real Property is verified by a technical report issued by or attested to by Dubai Municipality;
c) Where the owner of the Real Property wishes to take possession of it for his personal use or for use by any of his first-degree relatives, provided that the owner proves that he does not own another Real Property appropriate for such purpose; or
d) Where the owner of the Real Property wishes to sell the leased Real Property.
For the purposes of paragraph (2) of this Article, the Landlord must notify the Tenant of the eviction reasons twelve (12) months prior to the date set for eviction, provided that this notice is given through a Notary Public or registered post.
Moreover, as per Article (26) of the same law (“If the Tribunal awards the Landlord possession of the Real Property for his personal use or for use by any of his first-degree relatives in accordance with sub-paragraph (c) of paragraph (2) of Article (25) of this Law, the Landlord may not rent the Real Property to a third party before the lapse of at least two (2) years from the date of possession of the Real Property by the Landlord in case of residential Real Property and three (3) years in case of non-residential Real Property, unless the Tribunal, in its discretion, sets a shorter period.Otherwise, the Tenant may request the Tribunal to award him a fair compensation.”)
