I rented out my apartment in Dubai for two years. The tenancy contract expires in March. A month ago, I sent a notice to the tenant via email telling him that the tenancy contract is going to expire on March 2019 and I am not willing to renew the tenancy contract. Two weeks ago I received email from the tenant saying that as per the Dubai Rental Law, I have no right to evict the tenant; he mentioned that I must renew the tenancy contract at the time of its expiry date. My questions are: as a landlord, as per the Dubai Rental Law, do I have the right to evict the tenant and not renew the tenancy contract at the time of its expiry date? Please advise as per the Dubai Rental Law.
According to Article 25 of Federal Law No 26 of 2007, a landlord may demand eviction of tenant upon expiry of tenancy contract in the following cases:
a) If development requirements in the emirate requires demolition and reconstruction of the property in accordance with government authorities instructions.
b) If the property requires renovation or comprehensive maintenance which cannot be executed while tenant is occupying the property, provided that a technical report attested by Dubai Municipality is to be submitted to this effect.
c) If the landlord wishes to demolish the property for reconstruction or to add new constructions that prevent tenant from benefiting from the leased property, provided that necessary licenses are obtained.
d) If landlord wishes to recover the property for use by him personally or by his next of kin of first degree.
However, in all above mentioned four cases, landlord must notify tenant with reasons of eviction at least 90 days prior to expiry date of tenancy contract.
As an employer, what disciplinary action am I allowed to take against an employee who is in breach of his duties or has committed a mistake?
Federal Law No 8 of 1980 lets an employer fine or even dismiss an employee for misconduct and breach of duties under specific conditions.
According to Article 102 of the UAE Labour Law, there are seven disciplinary rules that an employee should be aware of. However, the Article 102 of the labour law states that disciplinary rules may be imposed by the employer or their representative in the following forms: (Disciplinary penalties which may imposed by the employer or its agent upon its employees are as follows: warning; a fine; suspension from work with reduced pay for a period not exceeding ten days; forfeiture or deferment of periodic increment, in establishments where such increments system is applied. Forfeiture or deferment of promotion in establishments where promotion in establishments where promotion system is applied. Dismissal from service but reserving right to end-of-service benefits. Dismissal from service together with forfeiture of all or part of the benefits, provided that the penalties shall not be imposed for reasons other than those specifically prescribed in Article no. 120 of this Law.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
