The landlord is required to offer the tenant 30 days’ notice to vacate the property in the event of a breach of contract. Getty
The landlord is required to offer the tenant 30 days’ notice to vacate the property in the event of a breach of contract. Getty
The landlord is required to offer the tenant 30 days’ notice to vacate the property in the event of a breach of contract. Getty
The landlord is required to offer the tenant 30 days’ notice to vacate the property in the event of a breach of contract. Getty

UAE Property: ‘Can I evict my tenant for breach of contract?’


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Question: I have been informed that my tenant is using the property in an illegal way.

I have also been told that there is a criminal case against him for allegedly accepting funds from investors without a business licence.

The tenancy agreement includes the following clause: “The property is not to be used for any illegal or immoral purpose in contravention of any Emirate regulation or law.”

Can I evict him from the property once there is a judgment from the court?

My tenant has also breached two other clauses in the tenancy agreement. He made alterations to the property without my written consent and he has not signed a pool maintenance contract, which is part of the contract. MH, Dubai

Answer: Given that your tenant is in breach of the tenancy contract, you would be quite within your right to demand eviction.

However, I would wait until the court issues its judgment. This will add weight to your case.

In order to evict a tenant for reasons of any contract breaches, you would be required to offer the tenant 30 days’ notice to vacate.

If you file a case at the Rental Dispute Settlement Committee, they will also ask you to serve the 30-day notice.

I would advise you to notarise the 30-day eviction notice and deliver it via registered mail to the property, where it will be posted on the door in case the tenant is not in the residence at the time of delivery.

Q: I have lived in a villa in Dubai for the past five years. Before my last tenancy contract renewal, my landlord informed me by email that one of his family members wanted to move into the villa. He wanted to serve me with a 12-month notice to vacate the unit.

However, I did not receive the eviction notice by registered email or notary public.

I was suspicious that the landlord was trying to evict me to sign another tenant at a higher rent.

I replied to his email that the eviction notice would be valid only if his family member moves in after my eviction.

That was the end of the communication and we renewed the tenancy contract. However, a few weeks after the renewal, the landlord hired a real estate broker to sell the villa.

There have been many viewings and I assume the villa will be sold before my tenancy contract expires.

Is the eviction notice still valid even though the reason for eviction has changed?

If the property is sold, should the new landlord serve me with a separate 12-month notice to vacate or can they move in or rent out the villa right away? DG, Dubai

A: Requesting a tenant to vacate a rented property can only be officially done via notary public or registered mail. Any other form of communication such as WhatsApp, Telegram and email is not valid.

You can, therefore, assume that the eviction notice sent via email will not count, according to the Dubai rental laws.

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As the property is now available for sale, the buyer will become your new landlord and will have to respect all the terms and conditions within your current tenancy agreement.

If the new landlord wishes to move in himself, or have his next of kin of first degree move in, he will have to send you a 12-month eviction notice via notary public or registered mail to gain vacant possession.

Therefore, I would sit tight at the moment and do nothing. Let the sale happen and then communicate with the new landlord to understand what they want to do with the property.

Nothing changes in your current rental contract even if a buyer is found, because any changes to the contract have to be communicated 90 days before the expiry of the agreement.

In this case, email communication is fine to change the contract terms.

Mario Volpi is the sales and leasing manager at Engel & Volkers. He has worked in the property sector for more than 35 years, in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mariovolpi64@gmail.com

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Know before you go
  • Jebel Akhdar is a two-hour drive from Muscat airport or a six-hour drive from Dubai. It’s impossible to visit by car unless you have a 4x4. Phone ahead to the hotel to arrange a transfer.
  • If you’re driving, make sure your insurance covers Oman.
  • By air: Budget airlines Air Arabia, Flydubai and SalamAir offer direct routes to Muscat from the UAE.
  • Tourists from the Emirates (UAE nationals not included) must apply for an Omani visa online before arrival at evisa.rop.gov.om. The process typically takes several days.
  • Flash floods are probable due to the terrain and a lack of drainage. Always check the weather before venturing into any canyons or other remote areas and identify a plan of escape that includes high ground, shelter and parking where your car won’t be overtaken by sudden downpours.

 

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FILM NOT IN THE ENGLISH LANGUAGE

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  • FOR SAMA - Waad al-Kateab (Director/Producer), Edward Watts (Director)
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  • ONLY YOU - Harry Wootliff (Writer/Director)
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EDITING

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  • JOKER - Jeff Groth
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  • JUDY - Jany Temime
  • LITTLE WOMEN - Jacqueline Durran
  • ONCE UPON A TIME… IN HOLLYWOOD - Arianne Phillips

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  • 1917 - Dennis Gassner, Lee Sandales
  • THE IRISHMAN - Bob Shaw, Regina Graves
  • JOJO RABBIT - Ra Vincent, Nora Sopková
  • JOKER - Mark Friedberg, Kris Moran
  • ONCE UPON A TIME… IN HOLLYWOOD - Barbara Ling, Nancy Haigh

SOUND

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ORIGINAL SCORE

  • 1917 - Thomas Newman
  • JOJO RABBIT - Michael Giacchino
  • JOKER - Hildur Guđnadóttir
  • LITTLE WOMEN - Alexandre Desplat
  • STAR WARS: THE RISE OF SKYWALKER - John Williams

SPECIAL VISUAL EFFECTS

  • 1917 - Greg Butler, Guillaume Rocheron, Dominic Tuohy
  • AVENGERS: ENDGAME - Dan Deleeuw, Dan Sudick
  • THE IRISHMAN - Leandro Estebecorena, Stephane Grabli, Pablo Helman
  • THE LION KING - Andrew R. Jones, Robert Legato, Elliot Newman, Adam Valdez
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MAKE UP & HAIR

  • 1917 - Naomi Donne
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  • JUDY - Jeremy Woodhead
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  • GOLDFISH - Hector Dockrill, Harri Kamalanathan, Benedict Turnbull, Laura Dockrill
  • KAMALI - Sasha Rainbow, Rosalind Croad
  • LEARNING TO SKATEBOARD IN A WARZONE (IF YOU’RE A GIRL) - Carol Dysinger, Elena Andreicheva
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BRITISH SHORT ANIMATION

  • GRANDAD WAS A ROMANTIC - Maryam Mohajer
  • IN HER BOOTS - Kathrin Steinbacher
  • THE MAGIC BOAT  - Naaman Azh
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Transmission: Single-speed automatic

Price: From Dh825,900

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Tonight’s Chat host Ricardo Karam is a renowned author and broadcaster who has previously interviewed Bill Gates, Carlos Ghosn, Andre Agassi and the late Zaha Hadid, among others.

Intellectually curious and thought-provoking, Tonight’s Chat moves the conversation forward.

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Uefa Champions League, Group B
Barcelona v Inter Milan
Camp Nou, Barcelona
Wednesday, 11pm (UAE)

The burning issue

The internal combustion engine is facing a watershed moment – major manufacturer Volvo is to stop producing petroleum-powered vehicles by 2021 and countries in Europe, including the UK, have vowed to ban their sale before 2040. The National takes a look at the story of one of the most successful technologies of the last 100 years and how it has impacted life in the UAE.

Part three: an affection for classic cars lives on

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The years Ramadan fell in May

1987

1954

1921

1888

BMW M5 specs

Engine: 4.4-litre twin-turbo V-8 petrol enging with additional electric motor

Power: 727hp

Torque: 1,000Nm

Transmission: 8-speed auto

Fuel consumption: 10.6L/100km

On sale: Now

Price: From Dh650,000

Global state-owned investor ranking by size

1.

United States

2.

China

3.

UAE

4.

Japan

5

Norway

6.

Canada

7.

Singapore

8.

Australia

9.

Saudi Arabia

10.

South Korea

Updated: January 26, 2023, 5:00 AM`