UAE property: ‘Can a landlord serve an eviction notice before a lease expires?’

The owner must serve it at the end of the lease and also prove they do not own another property that could be used instead

I live in a villa in Dubai and the owner sold the property during the seventh month of my lease.

The new owner wants to take possession of the villa to live in it with his family. He sent me a notarised eviction notice to vacate the property within 12 months.

As stated in your previous columns for The National, the 12 months’ notice to evict a tenant should be served upon expiry of the preceding tenancy agreement, according to Law 26 of 2007 and the amended Law 33 of 2008, which govern the relationships between landlords and tenants.

My understanding is that a tenant should receive the eviction notice at the same time they are given a copy of the new rental contract.

You also mention that some judges at the Rental Dispute Settlement Committee (RDSC) are allowing this notice to be served at any time. What does the law say? What are my rights as a tenant? I want to stay in my current villa as long as possible. DA, Dubai

The law is clear as to when an eviction notice ought to be served, but what has happened is that with time, changes appear based on the judge’s decisions at the RDSC.

In your case, the new owner will have to extend your current tenancy contract at the point of its renewal because there is a further five months to go before the 12-month notification is up.

When an owner gives notice for use of the property himself or his next of kin of first degree, they must prove an additional detail. They must state that they do not own another property that could be used instead.

Therefore, contact your current owner to request confirmation of the same. You can also check this at the Dubai Land Department (DLD) for clarification.