What you should know about evicting tenants in UAE

Dubai - What UAE law says about subletting, evicting tenants.

Q. I want to find out what it takes to evict a tenant not renewing a contract and subletting my apartment. Please what would be the cost of legal representation, and also how long is the process generally.
A: Pursuant to your queries, it is assumed that the apartment which you have rented out is situated in the emirates of Dubai. Further, we understand that your tenant had not renewed the tenancy contract and have sub-leased your apartment to a third party without seeking your consent as the owner of the apartment. In this regard, please note that all tenancy contracts in Dubai are governed by Law No. 26 of 2007, 'Regulating the Relationship Between the Landlords and Tenants in Dubai' (the Rent Law). Although some provisions of the said law have been amended via Law No. 33 of 2008 - Amending some Provisions of Law No. 26 of 2007 Regulating Relationship Between Landlords and Tenants in the Emirate of Dubai (the 'Amended Rent Law'). Hereinafter, it may be noted that either party (tenant or landlord) should give 90 days' notice for the non-renewal of the tenancy contract unless otherwise agreed. A 90-day notice period is also applicable if the landlord wants to increase the rent, as per the Rera index. If there is no electronic or written communication being served, the Dubai property rental contract is automatically renewed at the prevailing rent and based on the same conditions as the previous year tenancy contract. This is in accordance to Article 14 of Amended Rent Law which states, "Where either of the two parties to the lease contract does not wish to renew the contract or wish to amend any of its terms, such party must notify the other party of such intent no less than ninety days before the date on which the lease contract expires, unless otherwise agreed by the parties." Further, Article 25(a) of the Amended Rent Law, states, "Unless otherwise agreed by the parties to the lease contract, the tenant may not assign the use of or sub-lease the real property to third parties unless written consent of the landlord is obtained."
The owner of the apartment has right to evict the tenant for sub-leasing the rented premises without the written consent of the owner in accordance with Article 25 (1) (a) of the Amended Rent Law, which states: "The landlord may seek eviction of the tenant from the real property before the expiry of the lease contract where the tenant sublets the real property or any part thereof without obtaining the landlord's written approval. In this case, the eviction will apply to the sub-tenant, who will have the right to claim compensation from the tenant. For purpose of this Article, the Landlord will give Notice to the Tenant through a Notary Public or registered post."
Assuming you have failed to reach a settlement with your tenant and have exhausted all means of communication to evict the sub-tenant, you are advised to serve a notice to the tenant through Notary Public and thereafter file a case at the Rent Disputes Settlement Centre at Dubai.

Know the law