UAE after Pandemic and the developing situation:
Following the pandemic, several nations across the globe opted for ad-hoc measures to safeguard tenant evictions.
Landlords may choose to exploit the tenants which can be curbed. Furthermore, it also supported the tenants going through financial constraints. Therefore, to address the critical matter, the UAE took some exemplary steps.
As a wake-up call, Dubai and Abu Dhabi initially imposed a 2-month ban over the tenant eviction. It was done in 2020.UAE has been strict with its laws and regulations that govern the procedure of eviction.
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The UAE eviction laws are designed in a way to secure the rights of tenants. Besides, landlords and tenants both were facilitated under the UAE laws. The regulations provide a fair and legal ground for the eviction to take place.
Regulatory Bodies in the UAE governing Eviction:
In UAE, the Real Estate Regulatory Agency (RERA) is the regulatory body that is termed a key arm of the Dubai Land Department (DLD). Together they play a pivotal role in regulating real estate matters within the country.
The regulatory bodies were made to establish clarity in the laws that administer the relations between landlords and tenants.
Due process of eviction has a systematic way. Therefore, whenever a landlord seeks to evict a tenant they need to adhere to a legal and a formal process. Additionally, the procedure is likely to empower the tenant. They can even file for a lawsuit in case of a dispute against the landlord.
Moreover, in the UAE, there is a platform named the Rental Dispute Settlement Centre (RDSC) for resolving disputes between renters and landlords.
Specifications for the Eviction as per the UAE laws:
There are Key Requirements for Eviction in the UAE that are important to follow. Let us dig into the specifications in more detail. Both of the parties must make sure to submit a Valid Tenancy Contract for the registration.
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A valid tenancy contract should be submitted along with all verified documents. The Extension of Tenancy is described in detail as per the law. The UAE law stipulates that in case a tenancy contract expires while the tenant continues to reside on the property without objection from the landlord. Here it is assumed automatically that the tenancy has been extended for the same period or one year.
The terms and Conditions for Eviction During Tenancy are explained in the law. There is a condition under which a tenant can be evicted during the tenancy period. Moreover, the conditions for eviction upon the expiry of the agreement.
An Eviction Notice is essential whatsoever. In the event of eviction before the contract’s expiry, the landlord is under the obligation to send the eviction notice. it must serve a written notice to the tenant before eviction happens.
In addition, if the tenant fails to meet obligations within 30 days from the date of notification, the landlord is allowed to proceed with eviction on legal grounds.
Non-payment of Rent is clearly explained in the law. In case, a tenant fails to pay rent or any fraction of it within 30 days from the date of notification, the landlord has the right to evict the tenant.
However, the court will remain silent on the number of times a tenant can default, as long as arrears are eventually paid within the given notice period.
It is to be done with the subtenant having the right to claim for monetary compensation.
Illegal Usage of the property is not permitted. The tenant cannot grant third-party access to the property for any kind of illegal utilization whatsoever.
The Eviction After Contract Expiry is attached with conditions. In case, if the landlord wishes to evict the tenant after the contract’s expiry, a written notice must be served.
A notice is served for at least 12 months before eviction officially takes place. Henceforth, specific conditions should be met to make a successful eviction claim.
Early Termination is done following the guidelines of RERA. Although they have not issued specific laws governing the termination of tenancy contracts before the expiry date.
Still, early termination is possible. It does require a relevant clause in the tenancy agreement. Besides, the tenant can demand compensation for premature termination.
Mutual Agreement is emphasized as per the law.
It says that the legality and validity of rental agreements are essential. It cannot be unilaterally terminated by any of the parties without any mutual agreement.
Rent During Legal Proceedings is governed by the regulations made. For instance, if an eviction action is initiated, the tenant is liable to pay rent during the ongoing legal proceedings. They need to pay the rent until the final judgment is received from the court.
Death is inevitable. If any of the Party dies according to Law, the tenancy contract continues on the death of either the tenant or the landlord. Following this, the termination requires a minimum duration of 30-day notice.
The Transfer of Ownership is outlined in the law that ensures that the tenancy is unaffected. For instance, in the case of a transfer of property ownership.
The rental Market Regulation of UAE has strict laws and legislations. Initiatives like EJARI (my rent) have contributed to its stability and productivity.
On the flip side, despite having robust rental laws, there were many instances of defaults on rental payments. Still, this has facilitated the majority as 3 out of 5 defaults do benefit from it. There is a standardized and streamlined procedure that makes the income more predictable and stable.
With such measures, the UAE continues to attract a vast number of investors in the real estate industry. It fosters a much more balanced and static rental market.