Dubai: If you are a tenant and are thinking about renovating your home or making some changes, it is important to know that there are certain circumstances that might lead to immediate eviction.
Therefore, if the property does get damaged during the renovation process or affects the original structure and design of the property, the landlord is allowed to evict the tenant without a ‘statutory notice period’ – which means the tenant will not have a period to shift from the leased premises or find a new apartment or villa.
In an online post from Dubai Land Department (DLD) on April 2, 2022, about rental awareness, DLD raised the issue regarding, ‘Eviction for making a change or damage to a leased premises’.
In the post DLD stated certain conditions that can lead to an eviction claim from a landlord.
It is important to note that the notice period varies depending on the leased contract and circumstances. For example, if a landlord plans to demolish the property, they must provide a 12 month notice to the tenants. However if the landlord plans to increase the rent, they must inform the tenants 90 days prior.
What are the conditions?
As per DLD, if the tenant makes the following mistake, he or she can face an eviction claim from the landlord:
· If the tenant makes a change to the property that makes it unsafe to live in and it is impossible to restore the property to its original state,
· Or damages to the property were done deliberately or through gross negligence.
· Or the tenant fails to exercise due diligence or allows others to cause damage.
Is the landlord allowed to evict the tenant without a notice period?
In such cases, the landlord is entitled to send a notice for eviction to the tenant, stating the reason for the eviction, through a notary public. According to DLD, no statutory notice period is required in such cases.
The provisions for evicting a tenant under grounds of damaging the property are highlighted in Law No. (33) Of 2008 - Amending Law No. (26) of 2007 - Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai.
Article 25 of Law No.33 of 2008 also states other cases when a landlord can evict the tenant before expiry of the lease contract, which include cases when the tenant is using the property for a purpose other than that for which it is lease, or if the tenant sub-leases the property without the written approval of the landlord.
