Eviction Notice in the UAE, Out of a desire by the Emirati legislator to regulate the relationship between a property lessor and their tenant in the UAE, it has become possible for the lessor to issue an eviction notice in the UAE to the tenant according to specific circumstances regulated by the Tenancy Law (Leasing Law).

So, what are those circumstances under which the lessor can issue an eviction notice in the UAE?

And what is the meaning of a notice and how is it submitted? To find out all of this, you should continue reading with us.

If you wish to obtain consultation regarding an eviction notice in the UAE, you should contact the best specialized law firm, Samaha Legal Consultants, in the UAE.

Eviction Notice in the UAE

Law No. (33) of 2008 amended some provisions of Law No. (26) of 2007, which regulates the relationship between both lessors and tenants of real estate in the UAE. The tenancy relationship between the property lessor and their tenant is established by virtue of a tenancy contract, which obligates the lessor to enable the tenant to utilize the property for a specified purpose for a specific period in return for a specified consideration.

It is important that the contract contains certain data and information about the leased property and specifies the tenancy terms, including:

• A description of the property that negates any ambiguity.
• The purpose of leasing it.
• The duration and consideration (rent) of the lease.
• The method of payment.
• The name of its owner if they are not the lessor.

The Emirati legislator also mandated that all tenancy contracts related to properties subject to the provisions of this law, and any amendments thereto, be registered with the Real Estate Regulatory Agency (RERA).

In addition to the foregoing, Article (25) of the Law clarified the cases in which the lessor can request an eviction notice in the UAE for the property before the end of the lease period. These cases are limited and include the following:

• If the tenant fails to pay the rent or any part thereof within thirty days from the date of being notified to pay, unless otherwise agreed upon by the two parties. In this case, the lessor can request an eviction notice in the UAE.
• The lessor can request an eviction notice in the UAE if the tenant uses the property for a purpose that violates public order or public morals or permits others to use it for such.
• If the tenant makes alterations to the property that affect its safety and make it difficult to restore to its original condition, or if they inflict damage to the property as a result of a deliberate act, as well as due to gross negligence in taking caution and prudence. In this case, the lessor can request an eviction notice in the UAE.
• If the tenant uses the property for a purpose other than that for which it was leased or uses it in a manner that violates the planning, construction, and land use regulations applicable in the Emirate. In this case, an eviction notice in the UAE is warranted.
• If the property is in danger of collapse, provided the lessor proves this with a technical report issued by or accredited by the UAE Municipality.

We must inform you that the lessor must provide the tenant with a notice through a Notary Public or registered mail.

If you need to obtain consultation regarding an eviction notice in the UAE, you should contact Samaha Legal Consultants in the UAE.

Furthermore, the Law identified four cases in which the lessor can request an eviction notice in the UAE for the property upon the expiry of the tenancy contract, as follows:

• If the property owner wishes to demolish it for reconstruction or to add new buildings that prevent the tenant from utilizing the leased property, provided they obtain the necessary licenses from the competent authorities.
• If the condition of the property necessitates comprehensive maintenance or restoration, and it is impossible to carry out the work with the tenant present in the property, noting that the condition of the property must be confirmed by a technical report issued by or accredited by Dubai Municipality.
• If the property owner desires to reclaim it for their personal use or for any of their first-degree relatives, provided they prove non-ownership of a suitable alternative.
• In the event that the property owner is commencing the sale of the leased property.

In all the aforementioned cases, the legislator mandated that the lessor must notify the tenant of the reasons for eviction at least twelve months prior to the specified eviction date.

Execution Period for an Eviction Notice Judgment in the UAE

The Emirati legislator obligated the lessor to notify the property tenant of the reasons for eviction at least twelve months prior to the specified date for the execution of the eviction notice judgment in the UAE

What is an Eviction Notice in the UAE?

The UAE Tenancy Law defined the Eviction Notice in the UAE as the notification sent through a Notary Public, registered mail, hand delivery, or any legally approved technical means to warn the tenant to vacate the property within a specified period.

We have now presented in our article everything related to the Eviction Notice in the UAE, explaining the cases specified by the Law for issuing an eviction notice in the UAE for non-payment of rent.

If you require legal consultation regarding an eviction notice in the UAE, you should contact Samaha Legal Consultants. Samaha Legal Consultants is an office specializing in the judgment of Eviction Notice in the UAE, making it always your best choice.

End-of-Service Gratuity in the UAE The efficiency of companies and institutions fundamentally depends on the performance and competency of the human resources they contain.

The performance of the entire labour force necessitates attention to their needs, which gave rise to the policies of incentives, compensation, and the End-of-Service Gratuity in the UAE.

To obtain legal consultation regarding the End-of-Service Gratuity in the UAE, contact the best specialized law firm in the Emirates: Samaha Law Firm in the UAE.

End-of-Service Gratuity in the UAE.

There is no doubt that monetary incentives, in addition to financial entitlements in their various forms, are the ultimate goal of any worker or employee and their primary objective for performing work efficiently and exerting efforts to do it properly, in addition to other goals such as gaining experience and developing skills.

Based on the awareness of the authorities concerned with labour affairs, laws were regulated to ensure that the worker receives various financial incentives, including the End-of-Service Gratuity in the UAE.

The End-of-Service Gratuity in the UAE is an amount of money that the employee or worker is entitled to upon the termination of the contractual relationship with the entity they work for, where it is described as an appreciation reward for all their efforts throughout the period of service.

Despite the importance of this gratuity and its role in improving work performance, raising efficiency, and the necessity of granting it under the UAE Labour Law, it must be granted according to specific conditions and based on a mechanism that ensures fairness in awarding this gratuity.

Accordingly, the value of the End-of-Service Gratuity in the UAE may vary:

• Between workers and employees in the private sector and the public sector.
• For fixed-term or unlimited-term employment contracts.
• The manner in which the contractual relationship was terminated.

It is important to mention that the End-of-Service Gratuity in the UAE is a vested right for the worker, whether a citizen or a foreigner, although this is conditional upon certain provisions according to Article 51 of the UAE Labour Law. The worker can claim it by filing a lawsuit if they are deprived of it.

However, the End-of-Service Gratuity in the UAE in the private sector can differ between full-time workers and those working in other work patterns, such as job-sharing, part-time work patterns, and others.

Since the value of the End-of-Service Gratuity in the UAE can depend on the worker’s wage and years of service: if the years of service do not exceed five years, the gratuity is calculated as 21 days’ wage for each year. If the years of service exceed that, 30 days’ wage is calculated for each year.

The End-of-Service Gratuity for teachers in the UAE can also primarily and fundamentally be linked to the value of the last salary the teacher received and the duration of service spent in the educational system.

In addition, the worker or employee is entitled to the End-of-Service Gratuity in the UAE in the case of resignation, and the institution or employer is not allowed to deprive them of it if the worker adhered to the work and its conditions and did not violate the concluded contract or the labour law.

It must be mentioned that the End-of-Service Gratuity in the UAE for government employees can also be given in proportion to the actual period of service the employee spent working for the government entity, according to the pension and social security legislations approved in the UAE.

End-of-Service Gratuity in the UAE for Government Employees

There are many differences between working in the government and private sectors in the United Arab Emirates. This is due to the fact that some employment relationships in the private sector are subject to the Labour Law, while government employee affairs are subject to the Human Resources Law.

However, the End-of-Service Gratuity is one of the labour rights shared between the public and private sectors, despite differences in the mechanism of calculation and application according to the laws regulating them.

In addition, the method of calculating the End-of-Service Gratuity in the UAE in the government sector differs between the Emirati citizen employee and the non-citizen employee.

Calculation of End-of-Service Gratuity in the UAE for Citizen Employees

The entitlements of citizen government employees are calculated according to the provisions of the Pensions and Social Security Law, as follows:

• The insured person receives an End-of-Service Gratuity in the UAE equivalent to one and a half months’ wage for each of the first five years, provided that their service period is not less than one full year, according to Article 39 of the UAE Pensions and Social Security Law.
• The insured person receives an End-of-Service Gratuity in the UAE equivalent to two months’ wage for each of the subsequent five years.
• The insured person receives an End-of-Service Gratuity in the UAE equivalent to three months’ wage for each year subsequent to the first ten years.
• The value of the gratuity is calculated based on the pension calculation salary.

Calculation of End-of-Service Gratuity in the UAE for Non-Citizen Employees:

A non-citizen government employee working full-time may receive an End-of-Service Gratuity in the UAE upon the termination of their service, according to the provisions of Article 41 of the Federal Government Human Resources Law, as follows:

• The End-of-Service Gratuity in the UAE for government employees is calculated based on the basic salary.
• The government employee receives the equivalent of 21 days’ basic salary for each year of the first five years.
• The government employee receives the equivalent of 30 days’ basic salary for each year exceeding that.
• The employee is not entitled to the End-of-Service Gratuity if their service period with the government entity is less than one continuous year.
• The notice period and the total number of accrued leave days that the employee did not use are included in the calculation.
• A fraction of a month is counted as a full month.
• The End-of-Service Gratuity in the UAE for an employee who obtains the nationality of the state is calculated based on the last basic salary.
• The federal entity has the right to deduct any amounts owed from the End-of-Service Gratuity in case of outstanding debts or other financial obligations.

If you need legal consultation regarding the End-of-Service Gratuity in the UAE, you should contact Samaha Law Firm in the UAE, as Samaha Law Firm is specialized in the End-of-Service Gratuity in the UAE.

Termination of Employment Contracts in the UAE and Its Cases Both the employee and the employer inquire about the possibility of terminating an employment contract in the UAE and how this termination is carried out.

To find out, you should follow this article. If you need legal consultation regarding the termination of an employment contract in the UAE, you should contact Samaha Law Firm in the UAE.

There are two types of employment contract termination cases in the UAE:

1. Termination of the Fixed-Term Employment Contract in the UAE.
2. Termination of the Unlimited-Term Employment Contract in the UAE.

Cases for Terminating a Fixed-Term Employment Contract in the UAE

Both the employee and the employer can terminate a fixed-term employment contract in the UAE in three cases, as follows:

Case One: Non-Renewal of the Fixed-Term Employment Contract.

A fixed-term employment contract ends immediately upon the expiration of the period stipulated in its texts and provisions. Often, a clause is included in the employment contract stating that the party wishing to terminate the contract at the end of its term must notify the other party in writing.

If both parties wish to renew, the contract can be renewed for a similar, longer, or shorter period with the same terms and conditions, noting that the continuation of both parties under the contract after its expiration is considered an implicit renewal thereof.

Case Two: Termination of the Fixed-Term Employment Contract in the UAE During the Probation Period.

The UAE Labour Law provides for a probation period for the employee, during which either party—the employee or the employer—may terminate the fixed-term employment contract without the need for prior notice, payment of compensation, or bearing any legal responsibility. It is stipulated that the probation period must not exceed six months, and the employer is not permitted to re-contract with the same employee for a new probation period after the first one ends.

Case Three: Termination of the Fixed-Term Employment Contract in the UAE Before the End of its Term.

In this case, the party wishing to terminate the contract must deliver a written warning notice to the other party, informing them of their desire to terminate the employment contract in the UAE before its stipulated duration ends. This is conditional on the notice period being not less than 30 days and not more than 90 days.

Termination of an Unlimited-Term Employment Contract in the UAE

In the case of concluding contracts that have no specific duration, this does not in any way mean that the contract must continue without either party being able to terminate it, in addition to the multiplicity of reasons and changing circumstances that drive one of the parties to withdraw and cancel the concluded contract.

Hence, an unlimited-term employment contract in the UAE can be terminated based on the text of Article 42 of the Labour Law, through the following cases:

• Agreement between both the employer and the employee to terminate it, provided that this is documented in writing, and includes the settlement of financial dues and the granting of a certificate of experience.
• If one of the parties wishes to terminate the contract, provided that the provisions for contract cancellation and the necessary notice period are adhered to.
• The death of the employer if the content of the contract is linked to their person.
• The death of the employee or their total and permanent inability to perform the work, conditional on submitting a certified medical certificate proving this.
• If a final judicial judgment is issued against the employee that includes a prison sentence of not less than three months.
• The final closure of the establishment or facility owned by the employer.
• The inability of the establishment to continue operating due to the employer’s bankruptcy, insolvency, or exposure to economic problems.

Conditions for Terminating an Employment Contract in the UAE by the Employer

If the employer wishes to terminate an unlimited-term employment contract in the UAE, they must adhere to many rules defined by the Labour Law, which are:

• Notifying the employee of their desire to terminate the contract in writing.
• Allowing the employee to continue working and to receive their full salary throughout the agreed-upon notice period, which should not be less than one month and not exceed three months.
• In the event of not allowing the employee to work during the notice period, the employer must provide the employee with monetary compensation called “notice allowance,” which must be equal to the employee’s wage for the entire notice period or the remaining part thereof, even if the lack of notice did not cause harm to the employee.
• Granting the employee one day of leave each week throughout the notice period for the purpose of searching for other work. The employee can determine this day according to their preference, provided they notify the employer at least three days prior to the date.
• Granting the employee all their financial entitlements, including end-of-service gratuity, delayed wages, and unused leave balance.

Conditions for Terminating an Employment Contract in the UAE by the Employee

The employee can terminate an unlimited-term employment contract in the UAE, provided they adhere to the rules stipulated in Article 43 of the Labour Law, which are:

• Informing the employer of their desire to terminate the contract in writing.
• The employee continuing to perform the work tasks assigned to them throughout the agreed-upon notice period, which should not be less than one month and not exceed three months.
• In the event the employee fails to work during the notice period, they must provide monetary compensation to the employer called “notice allowance,” which must be equal to the employee’s wage for the entire notice period or the remaining part thereof, even if the lack of notice did not cause harm to the employer.

Termination of the Employment Contract in the UAE Without Notice by the Employer

As explained earlier, the termination of an unlimited-term employment contract in the UAE primarily relies on one party notifying the other. However, the law has specified certain cases in which the employee may be dismissed and the contract terminated without prior notice. These cases are exhaustively listed in Article (44) of the Labour Law and include the following:

• The employee submitting forged certificates.
• Impersonating another person.
• Intentionally damaging the employer’s property.
• The employee violating public safety instructions.
• Failure to adhere to their duties and obligations specified in the contract.
• Divulging secrets related to the establishment’s work in a way that harms the employer.
• The employee being under the influence of an alcoholic beverage or narcotic during work.
• Assaulting the employer.
• The employee being absent from work without a legitimate excuse for more than twenty intermittent days in a year, or for seven consecutive days.
• The employee illegally exploiting their job position.

Termination of the Employment Contract in the UAE Without Notice by the Employee

The employee can leave the job and terminate the unlimited-term employment contract in the UAE without notice to the employer if one of the following cases, approved by Article 45 of the Labour Law, is realized:

• The employer breaching their obligations under the contract, provided the employee submits a report to the Ministry 14 days before the date of leaving work and the employer fails to adhere to their duties despite being notified by the Ministry.
• The employer or their representative assaulting the employee, or the employee being subjected to violence or harassment.
• The workplace containing a defect that poses a risk to the employee’s safety or health, provided the employer is aware of it and fails to take the necessary measures.
• The employer assigning the employee tasks that violate the duties specified in the contract.

We have explained everything related to the termination of the employment contract in the UAE for you. If you need legal consultation regarding the termination of the employment contract in the UAE, you should contact Samaha Law Firm in the UAE, as Samaha Law Firm is specialized in the termination of the employment contract in the UAE… Samaha Law Firm is always your best choice. Contact Us.

Rehabilitation (Restoration of Reputation) in UAE Law, If you have been convicted of a criminal penalty related to a misdemeanor or a felony, and you have served the imposed sentence, or if you have been pardoned for it, and you wish to have your reputation restored (rehabilitation), then if you have gone through this and require rehabilitation (رد الاعتبار) in UAE Law, you must understand everything related to the matter of rehabilitation in UAE Law.

If you require legal services related to rehabilitation in UAE Law, you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.

Rehabilitation in UAE Law

The definition of Rehabilitation in UAE Law is a procedure taken against a person convicted of a misdemeanor or a felony, based on specific conditions, which can lead to the elimination of all criminal effects of the judgment of conviction for a criminal offense, only for the future. This includes the removal of any resulting disqualification or deprivation of rights.

Federal Law No. 5 of 2022 concerning rehabilitation in UAE Law specified that there are only two types of rehabilitation in UAE Law: Statutory Rehabilitation (رد الاعتبار القانوني) and Judicial Rehabilitation (رد الاعتبار القضائي).

If you require legal services related to rehabilitation in UAE Law, you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.

Read also: Legal will in the UAE

Statutory Rehabilitation in UAE Law

Statutory Rehabilitation in UAE Law refers to the restoration of reputation by force of law, according to the provisions of Article 4 of Law No. 5 of 2022 regarding rehabilitation in UAE Law.

In this case, a person convicted of a criminal offense is rehabilitated by force of law without the need for a judicial ruling.

The decision for statutory rehabilitation in UAE Law is issued by the Public Prosecution, in the event that a person was convicted of a non-serious (non-disturbing) misdemeanor, and the imposed penalty has been executed, or a pardon has been issued for it.

If the judgment against the convicted person was issued because they are a repeat offender in committing a non-serious misdemeanor, their statutory rehabilitation only occurs after the lapse of six months from the date the penalty was executed or a pardon was issued for it.

It should also be confirmed that rehabilitation in UAE Law after acquittal falls under statutory rehabilitation without the need for a time period to lapse after the execution of the penalty or the issuance of a pardon; rather, their reputation is restored immediately upon the establishment of their innocence.

If you require legal services related to rehabilitation in UAE Law, you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.

Read also: Termination of a Lease Agreement in the UAE 

Judicial Rehabilitation in UAE Law

Judicial Rehabilitation in UAE Law is granted according to the provisions of Article 5 of Federal Law No. 5 of 2022 concerning rehabilitation in UAE Law.

This is done through a judgment issued by the Court, provided that a specified time period has elapsed after the execution of the imposed penalty, or the issuance of a pardon for it, as follows:

• After the lapse of six months in non-serious felonies.
• After the lapse of one year in serious (disturbing) felonies and misdemeanors or those affecting honor and trust.
• After the lapse of two years in felonies affecting state security.

Criminal Records that Do Not Require Rehabilitation in UAE Law

The Law of Rehabilitation in UAE Law, issued by Federal Law No. 5 of 2022, specified several cases of criminal records that do not require applying for rehabilitation in UAE Law, as the judgments issued in those cases do not result in future consequences regarding conviction for the crime, or deprivation of the convicted person’s rights or disqualification. These cases are:

• Crimes that are not considered criminal records according to their special laws.
• Crimes for which the penalty does not restrict freedom.
• Crimes committed by juvenile delinquents.
• Crimes for which a suspended sentence was issued.
• Crimes for which a penal order was issued.
• Crimes concluded by penal reconciliation.

If you require legal services related to rehabilitation in UAE Law, you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.

What is Rehabilitation in UAE Law?

Rehabilitation in UAE Law is the restoration of reputation to a person convicted of a misdemeanor or a felony, either through statutory rehabilitation or judicial rehabilitation. This results in the elimination of all criminal effects of the judgment of conviction only for the future, along with the removal of any resulting disqualification or deprivation of rights.

What are the Types of Rehabilitation in UAE Law?

Federal Law No. 5 of 2022 regarding rehabilitation in UAE Law specified the types of rehabilitation as only two types:

1. 1. Statutory Rehabilitation: Which occurs by force of law.
   2. Judicial Rehabilitation: Which occurs by a judgment issued by the competent Court restoring reputation to the convicted person after the lapse of a specified period following the execution of the penalty or a pardon for it.

We have presented everything related to Rehabilitation in UAE Law and its types.

If you require legal services related to rehabilitation in UAE Law, you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.

Conditions for a Valid Sharia Will in the UAE The provisions for a Sharia will in the UAE are found in the UAE Personal Status Law, which defines it as a disposition of property that takes effect after the death of the testator.

The conditions for a valid Sharia will in the UAE can be summarized as follows:

• The will must be issued by a living person before their death.
• The person must have control over their own property, and the disposition must remain valid until after their death.
• The testator must have the legal capacity to donate.
• The beneficiary must be a specific, living person (or a fetus in the womb).
• The beneficiary must accept the will after the testator’s death, or during their lifetime and continue to accept it after death.
• The bequeathed property must belong to the testator and its subject must be legitimate.
• The testator must not revoke their will, either explicitly or implicitly.
• The beneficiary must not predecease the testator.
• The beneficiary must not reject the will, either during the testator’s lifetime or after their death, or kill the testator.
• The bequeathed property must not be destroyed or be owed to a third party.

If you need a consultation regarding a Sharia will in the UAE, you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.

What Are the Components of a Sharia Will’s Legal Wording in the UAE?

The drafting of a Sharia will in the UAE requires specific key components to be included; otherwise, the will may be considered void. These components are:

• Full details of the testator: name, address, and nationality.
• Full details of the beneficiary: name, address, and nationality.
• A precise and clear description of the bequeathed property.
• The specific wording of the will, for example, “I bequeath a part of my property (specifying the part) to so-and-so (naming the beneficiary) after my death.”
• Any conditions set by the testator, provided they are valid and do not contradict Sharia principles.
• The date the will was written and the testator’s signature, followed by official notarization by a notary public.

You can obtain the best legal wording for a Sharia will in the UAE through a specialized lawyer at our firm, Samaha. Here is an example:

I, the undersigned, ________ (mentioning the testator’s details in full). I hereby acknowledge, with full legal capacity, that I have bequeathed to so-and-so (mentioning the beneficiary’s details in full) a part of my property (here specifying the bequeathed property, which could be real estate, a car, or any other valuable asset), for them to own after my death. Dubai on [Day]/[Month]/[Year]. The Testator: ________ Signature: ________

you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.

Read more: The New Personal Status Law in the UAE

What is the Method for Writing a Sharia Will in the UAE?

Any person has the right to dispose of their money and property as long as they are alive. After their death, the property is directly transferred to their rightful heirs according to the Personal Status Law, which is based on Islamic Sharia. However, this does not negate an individual’s authority over their wealth, as the law permits them to dispose of their estate before death, provided this disposition is to take effect after death. This is done by preparing a legally compliant Sharia will in the UAE.

The preparation of a Sharia will in the UAE requires following some important steps to ensure it contains all the necessary information to make it a legal document that can be acted upon and executed. The method for writing a will is as follows:

• Clearly indicate that the document is a Sharia will.
• The testator writes their personal details and the beneficiary’s details in a way that prevents ambiguity, including name, address, contact information, and national ID number.
• The testator must acknowledge that they have full legal capacity and that they prepared the will of their own free will without any coercion or pressure.
• The testator acknowledges that there is no other will.
• The properties and assets must be described precisely. For example, if it is a monetary amount, the exact sum should be specified. If it is real estate, the property number and its specifications should be included.
• Any conditions the testator wishes to impose on the beneficiary’s receipt of the will’s contents must be stated, provided that the condition does not violate the Sharia or legal provisions for wills.
• Mention the date and location where the will was written.
• The testator acknowledges their legal responsibility for the accuracy of the data in the will’s wording.
• The will is signed by the testator, the witnesses present, and the lawyer if one was used to prepare the will.

you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.

Is a Sharia Will Enforceable in the UAE?

Yes, a Sharia will in the UAE is enforceable if it meets its legal conditions. It cannot be modified or delayed. It is executed within the limits of one-third of the testator’s estate only, after all outstanding rights and debts are paid. The will is not valid for more than one-third of the estate unless an heir allows it, in which case it is executed within the limits of their share.

Read also: Request to Release a Prisoner in the UAE

Is a Will for an Heir Valid in the UAE?

A Sharia will in the UAE is not valid for an heir unless the other adult heirs consent. If they do, it is executed within the share of the consenting heir. It can also be executed even without the heirs’ consent if a compelling interest warrants it, as approved by the court.

Can a Sharia Will in the UAE Be Invalidated if It Contains a Condition that Violates the Principles of Islamic Sharia or the Law?

No, the will is not invalidated if it contains a condition that violates the principles of Islamic Sharia or the law. The condition itself is void, but the will remains valid.

If you need assistance regarding a Sharia will in the UAE,  you should contact Samaha Legal Consultancy, a specialized law firm in the UAE via WhatsApp.