Tenancy contract:
It’s mentioned in my tenancy contract that we must vacate at the end of the contract, but as per Dubai rental law does the tenant have no right to renew the contract? The landlord has not mentioned any valid reason for the eviction, except that it is mentioned in the contract.
Law No. 26 of 2007, Article No. 25, states a landlord may demand eviction of a tenant upon the expiry of a tenancy contract in the following cases:
- If development requirements in the emirate require demolition and reconstruction of the property in accordance with government authorities instruction.
- If the property requires renovation or comprehensive maintenance which cannot be executed while a tenant is occupying the property, provided that a technical report attested by Dubai Municipality is to be submitted to this effect.
- If the landlord wishes to demolish the property for reconstruction or to add new constructions that prevent a tenant from benefiting from the leased property, provided that necessary licenses are obtained.
- If a 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, a landlord must notify the tenant with reasons of eviction at least 90 days prior to the expiry date of tenancy contract. As per Dubai rental law, the landlord has no right to vacate a tenant unless for reasons mentioned above.
End of service:
I’ve worked in a company for two years and one month ago my company terminated my labour contract. So I’m now serving my notice period. I was living in an accommodation provided by my employer. My employer is saying that I need to vacate the property as soon as I complete my notice period, but they are not willing to pay me my end-of-service benefits. The amount offered is less than what’s due. Do they still have the right to ask me to vacate the company accommodation before settling my end-of-service rights?
As per the UAE Federal Law No. 08 of 1980, Article No. 131, it states: In the case where the employers provide accommodation to the worker, the worker shall be obliged to vacate the premises within 30 days from the date of termination of his service.
- The worker should not delay vacating the premises for any reason, provided that the employer pays the worker specified expenses including severance pay and any other entitlements. The employee is obliged to pay in accordance with the labour contract, establishment regulations and the law.
- If the worker disagrees with the amount of the expenses and entitlements referred to above, the Labour Department concerned shall determine, as a matter of urgency, and within a week from its been notified of the same, these expenses and entitlements and shall inform the worker of the same as soon as they are determined
- In this case, the counting of the 30 days of grace period for the vacating of the premises referred to in paragraph two of this Article shall commence from the date the employer deposits the value of expenses and entitlements determined by the Labour Departments concerned.
If the worker does not vacate the premises within the 30 days mentioned, the Labour Department with the assistance of the authorities concerned in the emirate shall take the necessary administrative measures for the vacating of the same.
- Provisions of this article shall not deprive the worker of his right to take his case to the court concerned.
Ask the Law questions are answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
