Once an eviction notice is served in Dubai, both landlords and tenants must follow certain legal procedures to complete the eviction process. Dubai’s tenancy laws are strict, and understanding the steps that follow an eviction notice is crucial to avoiding unnecessary complications and legal issues. In this article, we’ll explain what happens after an eviction notice is served and what actions both parties should take to ensure the process is handled properly.
1. What Happens After the Eviction Notice is Served?
After an eviction notice is issued, whether by the landlord or tenant, several steps must be followed according to Dubai’s rental laws. The next steps depend on whether the eviction is based on non-payment of rent, breach of the lease agreement, or another reason such as personal use or major renovations.
Here’s what both the tenant and landlord can expect after an eviction notice is served:
2. Tenant Actions: Can a Tenant Refuse Eviction?
Upon receiving an eviction notice, tenants should first carefully review the reasons for eviction and the validity of the notice itself. A tenant may attempt to refuse eviction, but it’s important to note that in Dubai, a tenant cannot simply ignore the eviction notice.
However, tenants have the right to dispute the eviction if:
- The notice does not meet legal requirements (e.g., proper notice period or notarization).
- The eviction reason is not valid under Dubai tenancy laws (e.g., there’s no legitimate cause for eviction).
- The landlord has not followed the correct legal procedure, including proper delivery of the notice via registered mail, public notary, or Dubai Courts.
If the tenant wishes to contest the eviction, they can file a dispute with the Dubai Rental Dispute Center (RDC), which will review the case. The tenant can also negotiate with the landlord to resolve any outstanding issues and avoid eviction.
3. Landlord Actions: Can a Landlord Evict Without Going to Court?
While landlords have the legal right to serve an eviction notice, they cannot proceed with self-eviction or take matters into their own hands. Eviction is a legal process, and landlords must follow proper legal procedures.
After an eviction notice is issued, the landlord cannot simply evict the tenant without going to court. If the tenant refuses to vacate or ignores the notice, the landlord must follow these steps:
- Wait for the Notice Period to End: The landlord must allow the tenant the full notice period specified in the eviction notice (usually 30 days for non-payment of rent or 12 months for other reasons).
- File a Complaint with the Dubai Rental Dispute Settlement Center (RDSC): If the tenant refuses to vacate, the landlord must file a complaint with the RDSC. This is a mandatory step before any further legal action can be taken.
- Court Involvement: If the tenant continues to refuse eviction after the RDSC ruling, the landlord can escalate the case to Dubai Courts. The court will issue a judgment, and if the tenant does not comply, the authorities will assist with the eviction.
The landlord cannot take any unilateral action such as locking the tenant out or cutting off utilities. These actions are considered illegal and can result in legal consequences for the landlord.
4. The Role of Public Notary in the Eviction Process
In Dubai, a public notary plays a critical role in the eviction process. The eviction notice must be notarized by a public notary to be legally valid. This ensures that the notice is authentic and meets the legal requirements outlined by Dubai law.
Without notarization, the tenant can dispute the validity of the eviction notice in court, which could delay the eviction process or result in dismissal. Therefore, landlords must ensure that the notice is delivered through the proper channels, including notarization, before taking further steps.
5. Tenant’s Options to Contest the Eviction
If a tenant believes the eviction is unjustified, they have the right to contest it. The most common grounds for contesting an eviction include:
- Incorrect or improper notice (e.g., insufficient notice period or lack of notarization).
- Non-payment of rent due to a dispute over the rental amount or other issues with the property.
- Claims of retaliation or illegal eviction reasons.
To contest the eviction, tenants can submit their case to the RDSC. The center will review the details of the case and issue a ruling based on the evidence provided by both parties.
6. Final Steps: Eviction Order and Enforcement
Once all legal procedures have been followed, and if the court rules in favor of the landlord, an eviction order will be issued. This order authorizes the relevant authorities to assist the landlord in evicting the tenant.
The authorities will oversee the physical eviction, ensuring the process is carried out lawfully. Tenants who refuse to leave at this stage may face legal penalties, and the landlord will have the right to take possession of the property.
Conclusion
The period after an eviction notice in Dubai is served can be a stressful time for both landlords and tenants. Tenants who receive an eviction notice must carefully review their rights and may contest the notice if they believe it is unjustified. However, they must understand that eviction cannot be avoided by simply ignoring the notice. On the other hand, landlords must follow proper legal procedures, including filing a complaint with the RDSC and seeking a court order for eviction if necessary. By adhering to the correct processes, both parties can avoid unnecessary legal complications and ensure a smooth resolution.