Here are the Laws concerning Eviction of tenant in Dubai.
In the United Arab Emirates (UAE), the relationship between landlords and tenants is governed by the laws outlined in Federal Law No. (5) of 1985, also known as the UAE Civil Transactions Law. This law defines the rights and responsibilities of both parties, including the issue of unauthorized changes to a rental property.
Landlord’s Rights and Unauthorized Changes
One of the key rights of a landlord is the right to possess and control the property they own. This includes the right to control any changes or modifications made to the property, and tenants are required to obtain the landlord’s permission before making any changes to the property they are renting. However, if a tenant does make unauthorized changes to the property, the landlord has several options available to them under UAE law.
Article 25 of the UAE Civil Transactions Law
According to Article 25 of the UAE Civil Transactions Law, a landlord has the right to vacate a tenant from the property if the tenant makes changes to the property that renders it unsafe in a manner that makes it impossible to restore the property to its original state. This is a serious violation of the rental agreement and can put the safety of the building’s residents at risk.
Reasons for Eviction Prior to the Expiry of the Tenancy Term
Additionally, as per the same law, there are other reasons for eviction of the tenant prior to the expiry of the term of the tenancy, including:
- Failure to pay rent or any part thereof within thirty (30) days after a notice to pay is given to the tenant by the landlord unless otherwise agreed by the parties.
- Subletting the property or any part thereof without obtaining the landlord’s approval in writing. In this case, the eviction will apply to both the tenant and the sub-tenant.
The eviction is not an easy process and it might take some time, the court will consider many factors before making the decision.
Compensation for Damages
Another option available to the landlord is to seek compensation for any damages caused by the unauthorized changes. This can include any costs incurred in restoring the property to its original condition or any loss of rental income resulting from the changes. The landlord can also claim for any other losses or expenses incurred as a result of the unauthorized changes.
Restrictions on Tenant Changes
It’s important to note that, according to UAE law, tenants are not allowed to make changes that will affect the structure of the building or the safety and stability of the building, in this case, the landlord can claim for the damages and the court might not consider the eviction order and might impose heavy penalties on the tenant.
Tenants are not entirely without rights in this situation. Under UAE law, tenants are entitled to certain rights, including the right to make certain types of changes to the property with the landlord’s permission. This includes changes that are necessary for the tenant to use the property for its intended purpose, such as installing a washing machine or adding a security system.
In addition, tenants are also entitled to make certain types of changes without the landlord’s permission, such as minor repairs and maintenance. In these cases, the tenant is responsible for the costs of the changes and must return the property to its original condition at the end of the tenancy.
Eviction Process
The eviction process is not an easy process, it might take some time and it’s not guaranteed to be granted, the court will consider many factors before making the decision.
According to UAE law, tenants can be legally removed from a property for making unauthorized changes without the landlord’s permission. However, the eviction process is not an easy process, it might take some time and it’s not guaranteed to be granted, the court will consider many factors before making the decision.
Landlords have several options available to them, including seeking an eviction order and compensation for damages caused by the unauthorized changes. However, tenants also have certain rights, including the right to make certain types of changes with the landlord’s permission and certain types of changes without permission. It is always advisable to seek legal advice before taking any action related to eviction or unauthorized changes to a rental property.
