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Dubai: Owners cannot rent out apartment for 2 years after vacating it for personal use

Upon expiry of the rent contract, the owner may seek eviction of the tenant from the real property under certain circumstances

Question: I have been renting my apartment in Dubai to a tenant for the last three years. I now wish to move into the flat. What is the procedure? And how long will it take?

Answer: In Dubai, an owner may request the eviction of a tenant from the rented apartment by serving a 12-month notice attested by a notary public if he or she intends to use the apartment for his own personal use or use of his first-degree family members.

This is in accordance with Article 25 (2)(c) of Law No. 33 of 2008 Amending Law No. 26 of 2007 regulating the relationship between owners and tenants in the emirate of Dubai, which states, “Upon expiry of the rent contract, the owner may seek eviction of the tenant from the real property only if:

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- the real property owner wishes to retake possession of the real property for his own use or use by any of his first-degree relatives, provided that the owner proves that he does not own any alternative real property that is suitable for this purpose;

For the purposes of paragraph (2) of this Article, the owner must notify the tenant of the eviction reasons at least twelve (12) months before the date of eviction, and the notice must be served through a notary public or by registered mail.”

Furthermore, an owner upon evicting a tenant on grounds of using the rented apartment for his own use or use by a first-degree relative is prohibited from renting out the said apartment for at least two years if it is residential, or three years if it is non-residential, from the date the owner taking possession of the rented apartment.

This is in accordance with Article 26 of the Amended Rent Law states, “Where the tribunal rules in favour of the owner retaking possession of the real property for his own use or for use by any of his first-degree relatives, in accordance with sub-paragraph (2)(c) of Article 25 of this Law, the owner may not rent the real property to a third party before the lapse of at least two (2) years in case of residential real property, or three (3) years in case of non-residential real property, from the date of retaking possession of the same. Otherwise, the tenant may request the tribunal to award him fair compensation.”

Based on the aforementioned provisions of law, as you intend to live in your own apartment, you may notify the tenant to vacate the apartment by serving upon the tenant a 12 month’s notice attested by a notary public and upon having possession of the said apartment, you may not rent it to any third party at least for two years from the date of taking possession of the apartment.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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