Question: Recently, my landlord served me a 12-month eviction notice for “personal use” but hinted he could drop the request if I accept a large increase in rent. Is this legal and how do I protect myself? FK, Dubai
Answer: An eviction for personal use, or for sale, is tightly regulated. The law requires a 12-month notice be served through notary public or registered mail, stating the reason.
If it’s for personal use, the owner or a first-degree relative must genuinely need the property and furthermore would need to demonstrate that they do not own another suitable property they could use instead. If they regain possession on that ground, they cannot re-let the property for two years (residential) and three years for a commercial property or the tenant can seek compensation through the Rental Disputes Centre (RDC).
Using such a notice as leverage for a rent hike can be seen as an abuse of the process and I'm sure the RDC will see through it.
My advice would be to check whether the notice was formally sent. Was it notarised or sent by registered mail, with a clear reason? If not, it could be invalid.
I suggest you respond in writing that you’re willing to renew within the legal rent limits and that you reserve your right to challenge an invalid or bad faith eviction. Make sure you keep evidence such as any correspondence, be it in the form of emails or WhatsApps messages of any “pay more or vacate” pressure.
If required, file a case at the RDC, they can dismiss a sham eviction and set fair rent using the Smart Rental Index. Remember that any changes to rent at renewal require 90 days’ notice and any increase must follow the Dubai Land Department’s index.
Don’t negotiate without knowing your rights, check what the calculator states and take that printout into any discussion or RDC filing.
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Q: I live in the UK but own property in the UAE. My tenant’s last cheque bounced and they’ve gone quiet on me. I'm concerned about the future, so would like to know what’s the fastest, remote way to recover rent or regain possession? BM, London
A: Dubai has created streamlined tracks to settle disputes over non-payment of rent. If there’s overdue rent, or a bounced rent cheque, you can apply online for an RDC writ of payment. This is a summary order for the amount due, which can be enforced if unpaid.
You’ll need the tenancy contract, Ejari, title deed, payment schedule and bank memo showing the cheque bounce. If the tenant still doesn’t pay, you can move to execution; persistent non-payment can also justify eviction under the law after proper notice.
You can appoint someone locally by power of attorney to manage filings if you can’t do it yourself.
Step-by-step process if you are based abroad:
- Serve a written demand (keep delivery proof).
- File the RDC e-service for a writ of payment; attach the bounced cheque memo and Ejari.
- If the payment isn’t made, proceed to execution. In parallel, you may pursue eviction for non-payment through the RDC but only when you have served a written request of payment notice under the law, which is normally 30 days.
- Keep everything tidy: lease, Ejari, passport copy, title deed and proof of arrears. This normally speeds up orders and enforcement.
If the tenant is genuinely having financial difficulties and proposes a payment plan, insist it’s filed at the RDC or reflected in a registered addendum on the contract. I'm suggesting this because private side deals are hard to enforce if they default again.
The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario@allegiance.ae
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It is among the greatest health debates of our time; splashed across newspapers with contradicting headlines - is coffee good for you or not?
Depending on what you read, it is either a cancer-causing, sleep-depriving, stomach ulcer-inducing black death or the secret to long life, cutting the chance of stroke, diabetes and cancer.
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