The short answer is Yes, landlords can request a UAE travel ban on tenants for unpaid rents. This is done by filing a complaint with the relevant authorities, such as the police or the courts, who can then issue a travel ban on the tenant. The ban will prevent the tenant from leaving the country until the outstanding rent is paid or a payment plan is agreed upon.
Understanding the Legal Rights and Responsibilities for Eviction
As a landlord, it is important to understand the legal rights and responsibilities associated with the eviction of tenants. The process of evicting a tenant can be a difficult and time-consuming task, but it is important to ensure that it is done in accordance with the law.
The Eviction Process
The first step in the eviction process is to notify the tenant through the notary public that they have failed to pay the rental amount as per the terms of their lease agreement. The tenant will then have 30 days to pay the outstanding rent, unless otherwise agreed upon by the parties. If the tenant pays the rent within this time frame, the landlord cannot ask the tenant to vacate the apartment.
However, if the tenant does not pay the rent within the 30-day period, the landlord has the right to file a case in the Rental Dispute Centre. The landlord can request that the tenant vacate the property and request payment of the outstanding rent until the date of vacating. It is important to note that the landlord can only seek eviction of the tenant prior to the expiry of the term of the tenancy in the following cases:
a) Where the tenant fails to pay the rent or any part thereof within thirty (30) days after the date, a notice to pay is given to the tenant by the landlord, unless otherwise agreed by the parties.
Applying for a Temporary Travel Ban
In addition to filing a case in the Rental Dispute Centre, landlords can also apply to the Provisional and Urgent Affairs Judge for a temporary action to ban the tenant from travelling. The judge will then take the appropriate decision based on the evidence presented.
To apply for this temporary action, the landlord must attach the following documents to their application:
- A copy of the tenant’s passport with residence visa page (for expatriates) and Emirates ID
- Proof of debt such as dishonoured cheques together with the bank’s return memo
- A copy of the latest lease (Ejari) with a translation
Legal Advice and Responsibilities
It is important to note that the eviction process can be a lengthy one and it is essential that landlords understand the legal rights and responsibilities associated with the eviction of tenants. Landlords should always seek the advice of a legal professional before proceeding with the eviction process to ensure that it is done in accordance with the law.
Furthermore, landlords should also be aware that they are responsible for providing safe and habitable living conditions for tenants, as well as ensuring that the property is free from any hazards or defects. Failure to do so can result in legal action being taken against the landlord.
The eviction process is a complex and time-consuming task that must be done in accordance with the law. Landlords should always seek the advice of a legal professional before proceeding with the eviction process and should be aware of their rights and responsibilities as a landlord. It is also important for landlords to provide safe and habitable living conditions for tenants, as well as ensuring that the property is free from any hazards or defects.
Specific Cases for Eviction
It is important to note that landlords may only seek eviction of the tenant prior to the expiry of the term of the tenancy in specific cases. These cases include failure to pay rent or any part thereof within 30 days after the notice to pay is given to the tenant by the landlord, unless otherwise agreed by the parties. This means that landlords cannot evict tenants for any other reason before the end of the lease.
In summary, tenants must be aware of their responsibilities to pay rent on time and in full. In the event that a cheque for rent is returned as unpaid, landlords must notify the tenant through the notary public and give them 30 days to pay the rent. If the tenant does not pay within 30 days, the landlord has the right to file a case in the Rental Dispute Centre to ask the tenant to vacate the property and request payment for any unpaid rent until the date of vacating. The Rental Dispute Centre is a government-run organization that helps resolve disputes between landlords and tenants, and landlords must provide certain documents to support their case when applying to the Rental Dispute Centre. Landlords may only seek eviction of the tenant prior to the expiry of the term of the tenancy in specific cases, such as failure to pay rent within 30 days.
