Eviction Cases in the UAE An eviction case (or claim) in the UAE is a lawsuit filed by the landlord against the tenant to remove them from the leased property based on one of the eviction grounds stated in the tenancy law. The landlord is required to prove these grounds when submitting the eviction request.

What are the Grounds for Filing an Eviction Cases in the UAE?

One of the most common types of eviction cases in the UAE is the one where the landlord seeks to evict the tenant due to the tenant’s breach of the obligations stipulated in the tenancy contract.

In reality, the UAE has not issued a unified federal tenancy law applicable across all Emirates. Instead, the country has granted each Emirate the freedom to issue its own tenancy law. These laws often share many similarities regarding the grounds upon which a landlord can file for a tenant’s eviction. Samaha Legal Consultants Office can assist you in all these situations with their specialized lawyers.

The grounds for an eviction case against a tenant in the UAE, as mentioned in these laws, include the following:

1. Eviction Case in the UAE Without a Contract

An eviction case in the UAE without a contract refers to a lawsuit filed by the landlord against a tenant who occupies the property without a tenancy agreement being concluded between them. In this situation, the landlord has the right to demand both the confirmation of the tenancy relationship and the eviction of the tenant, along with a claim for compensation, typically the “rent equivalent” (Ajrat Al-Mithl). The landlord also has the right to file a claim for usurpation of property (Ghasb Aqār).

2. Eviction Case in the UAE for Non-Payment of Rent

The landlord can file an eviction case in the UAE for non-payment of rent even before the agreed-upon lease term expires.

A prerequisite for this is that the landlord must first issue a written eviction notice to the tenant, requiring them to pay the rent due within 30 days from the date of the notice. If the tenant fails to pay the rent within this period, the landlord has the right to file the eviction case and present the necessary proof through the properly served written notice.

3. Eviction Case in the UAE for Expiry of the Lease Contract

If a fixed-term lease contract expires, and the landlord does not notify the tenant of its termination within the period agreed upon in the contract, the lease is considered automatically renewed under the same terms and conditions.

The landlord has the right to file an eviction case in the UAE due to the expiry of the lease contract if they had notified the tenant of the termination within the agreed period, and the tenant refuses to vacate. In this scenario, the lease contract is considered an executive deed which allows the landlord to proceed directly to the Enforcement Judge, who will take compulsory enforcement procedures to vacate the property.

Furthermore, Paragraph 2 of Article 25 of the Dubai Tenancy Law grants the landlord the right to request the tenant’s eviction upon the lease contract’s expiry in the following situations:

1. If the demolition and reconstruction of the property, or its need for comprehensive maintenance and restoration (which cannot be carried out while the tenant is occupying it), is a requirement for development and urban planning in the Emirate of Dubai.
2. If the landlord wishes to demolish and rebuild the property.
3. If the landlord requests the property back for their own personal use or for the use of any of their first-degree relatives.
4. If the property is being used for a purpose that violates the contract terms.
5. The landlord may also file an eviction case before the specified contractual period ends if the tenant misuses the leased 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 in force in the Emirate. This includes using a property leased for residential purposes for commercial ends.

4. Eviction Case in the UAE Due to Damage to the Property

The landlord has the right to file an eviction case in the UAE and remove the tenant if the tenant causes severe damage to the leased property, such as making alterations that affect its structural integrity and make it difficult to restore to its original condition. This also applies if the damage is inflicted as a result of the tenant’s deliberate act, gross negligence in exercising caution, or by allowing a third party to cause such damage to the property.

5. Eviction Case in the UAE for Landlord’s Personal Use

The landlord has the right to file an eviction case in the UAE if they wish to recover the property for their own personal use or the use of any of their first-degree relatives. This is conditional on notifying the tenant of the eviction at least 90 days prior to the expiry of the contract term.

If the landlord requests the tenant’s eviction for personal use or that of a first-degree relative and the dispute committee rules in their favor, the landlord is prohibited from leasing the property to a third party for a period of at least one full year from the date of recovery. If the landlord leases it out before the year has passed, the tenant may request the committee to award them appropriate compensation.

Samaha Legal Consultants Office provides full legal support in cases of eviction in the UAE for personal use. Contact Us.

Read also:Eviction Notice in the UAE

How to File an Eviction Case in the UAE

A landlord can file an eviction case in the UAE through the Department of Land and Property (DLD) website, through Real Estate Service Trustees, or via the electronic portal as follows:

Submitting an Eviction Case via Real Estate Services

The process for submitting an eviction case via Real Estate Services is as follows:

1. Visit one of the Real Estate Service Trustee Centers.
2. Submit the required documents to the employee for verification.
3. The employee enters the transaction data into the system, which is then audited and approved.
4. Pay the required fees.
5. Attend court hearings via the remote litigation system.
6. Receive the judgment from the electronic website.

Submitting an Eviction Case via the Electronic Portal

The process for submitting an eviction case via the electronic portal is as follows:

1. Access the Department of Land and Property (DLD) website.
2. Select the service and upload the documents.
3. Pay the fees electronically.
4. Attend court hearings via the remote litigation system.
5. Receive the judgment from the electronic website.

Why is it Important to Seek Assistance from a Specialized Lawyer Like Samaha Office?

Eviction cases in the UAE are considered complex and intricate, requiring adherence to specific legal procedures, particularly regarding the issuance of notices and the prescribed legal time limits.

This highlights the importance of seeking assistance from a specialized real estate and tenancy lawyer, such as Samaha Legal Consultants Office, for eviction cases in the UAE.

Such a lawyer ensures that the eviction case is properly and legally founded, meeting all necessary conditions and requirements in accordance with the tenancy laws of the Emirate where the property is located, and other relevant laws, especially the Civil Procedure Law. Contact US.