A reader in Dubai seeks clarity on the rules that require landlords to give 12 months' notice of eviction. Keren Bobker, The National's resident consumer advocate, has the answer.
When does clock start ticking on my eviction notice?
I understand that in Dubai a landlord must give at least 12 months’ notice to repossess a property. Where one is in the middle of a one-year-contract, do these 12 months start as soon as I have received the written notice (so the next renewed contract would only run for a shorter period, ie the rest of those 12 months) or upon renewal of the contract? I have read law No 26 of 2007/33 of 2008 but could not find anything on this question. I would be grateful if you could advise and point me to the relevant law. TB Dubai
The law states that a landlord has to provide the tenant with 12 months’ notice in writing if they wish to terminate the tenancy agreement. That is a full 12 months from whenever the letter is issued. Decree No. 2 of 2011 Regarding Rentals in the Emirate of Dubai, specifically Article 25, states: “The landlord must give the tenant at least 12 months’ notice not to renew stating the applicable reason, and such notice must be sent through a Notary Public or by registered mail.” Further, a landlord can give notice to evict only in specific circumstances:
• If the landlord wishes to demolish the property for reconstruction (provided the necessary licences for such reconstruction are obtained);
• If the landlord wishes to renovate the property (provided such renovations cannot be completed while the tenant is in occupation and this fact has been certified by Dubai Municipality);
• If the landlord wishes to recover the property for use by him personally or by his next of kin of first degree; or
• If the landlord wishes to sell the property.
Keren Bobker is an independent financial adviser with Holborn Assets in Dubai. Contact her at email@example.com