Thinking of serving a notice or have been told to vacate? Here is all you need to know from the Real Estate Regulatory Agency.
Reasons landlords CAN serve notice!
Article 25 of Law No. (26) of 2007, which was amended by Law No. (33) of 2008, states that there are certain cases where the landlord can demand the eviction of the tenant within 1 month:
- The tenant fails to pay the rent within 30 days of being served with the landlord’s written notification
- The tenant subleases the property without the landlord’s written approval
- Tenant uses or allows others to use the property for immoral or illegal activities
- Tenant causes or allows others to cause damage or changes to the property that endangers the safety of the property
- The tenant uses the property for purposes other than what it was leased for
- The tenant fails to comply with any of the terms of the tenancy contract or the law within 30 days of being served a written notification from the landlord
- For commercial properties, a landlord can demand eviction if the tenant has closed operations for 30 consecutive or 90 non-consecutive days without giving any valid reasons.
- If the demolition of the property is required by the government entity for the urban development of the emirate
For other reasons, the tenant is given 1 years notice to vacate:
- If the landlord wishes to use the property for their own personal use.
- If the landlord wishes to sell the property.
- If the landlord is going to make substantial upgrades and renovations.
Note: the landlord should not re-rent the property for two years after the 1-year vacating notice has been served to the tenant.
WARNING: if a tenant who has been vacated finds out the property has been re-rented, the landlord could be taken to court and be liable to pay 1-2 years full rent in compensation to the tenant.
How do I serve/receive a notice?
Serving a notice should be carried out in a legal manner, this means that dropping a tenant a WhatsApp message or email is not sufficient, no matter how formal the writing may be.
There are certain steps to follow and fees to be paid by the landlord:
1. The landlord must obtain a legal drafting letter which is written at the Notary Public Office. The document will be drafted in both Arabic and English and can take up to 10 days to be completed. To create this letter, the landlord will need to take the following documents: EJARI, passport and Emirates ID. (If overseas, call Aventa and we can help).
Fee: AED 300
2. Once the letter is complete, the landlord must visit the Notary Public Office again, where the document will be legalized and issued on the same day.
Fee: AED 270
3. The notice should next be sent through Aramex, which will be officially delivered to the tenant and attached to the front door.
Fee: AED 85
4. After 1 week, Aramex will deliver a report to the landlord, confirming the successful delivery of the notice. It is important that both parties keep these legal notices for their own reference.
Can landlords retract the notice?
It is indeed possible to retract an eviction notice if it has not reached a point of no return and if the tenant has already informed the landlord about securing alternative accommodation. In cases where the landlord has a change of heart and an agreement is reached between the landlord and tenant to withdraw the eviction, the tenant is entitled to remain in the apartment, and the standard RERA (Real Estate Regulatory Authority) renewal procedures come into effect. It is advised to let your tenant know before the 90 renewal mark if you have changed your mind.
If you have any questions about serving notices, let us know in the comment box below.
Next blog: how to increase rent.
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