Dubai has strict laws governing tenancy agreements, and landlords have the right to evict tenants who engage in illegal activities on their property. Understanding the legal framework and following the correct eviction procedures is crucial to ensure compliance with Dubai’s rental laws and protect landlords’ rights.
Legal Grounds for Eviction Due to Illegal Activities
Under Dubai Law No. (26) of 2007 (as amended by Law No. (33) of 2008), landlords can evict tenants before the lease term expires if they are found engaging in illegal activities. This includes, but is not limited to:
- Drug-related offenses (possession, distribution, or manufacturing of illegal substances)
- Prostitution or human trafficking
- Running unauthorized businesses from the rented premises
- Gambling or money laundering
- Illegal subletting or fraudulent activities
- Using the property for criminal activities that violate UAE law
Steps for Evicting a Tenant Engaged in Illegal Activities
1. Gather Evidence
Before proceeding with an eviction, landlords should gather substantial evidence that proves illegal activities are taking place. This may include:
- Police reports
- Witness statements
- Surveillance footage or photographic evidence
- Notices or warnings from relevant authorities
2. File a Complaint with the Authorities
If a landlord suspects a tenant of engaging in illegal activities, they must report it to Dubai Police or relevant government bodies. The authorities will investigate and take legal action if necessary.
3. Obtain an Official Report
Once the authorities confirm illegal activity on the premises, they will issue an official report. This document is essential for filing an eviction case with the Dubai Rental Dispute Settlement Center (RDSC).
4. Serve an Eviction Notice
Landlords must serve an official eviction notice to the tenant, which can be done through a public notary in Dubai or registered mail. In cases of illegal activities, the eviction can be immediate, as per Article 25 of Dubai’s Tenancy Law.
5. File a Case with the Rental Dispute Settlement Center (RDSC)
If the tenant refuses to vacate, the landlord must file a case with the Rental Dispute Settlement Center (RDSC). Supporting documents, such as police reports and eviction notices, should be submitted.
6. Obtain a Court Order for Eviction
The RDSC will review the case and, if the claim is valid, issue an eviction order. If necessary, the case can be escalated to Dubai Courts.
7. Enforce the Eviction with Authorities
Once an eviction order is granted, law enforcement authorities, including Public Prosecution Dubai, may assist in physically removing the tenant if they do not vacate voluntarily.
Landlord Rights and Responsibilities
Landlords must adhere to legal procedures to ensure a smooth eviction process. It is illegal for a landlord to forcibly remove a tenant without a court order. Any attempt to lock the tenant out, cut utilities, or harass them can result in legal action against the landlord.
To protect their rights, landlords should:
- Maintain proper documentation of tenant agreements.
- Conduct periodic inspections to ensure compliance with lease terms.
- Seek legal consultation before proceeding with eviction.
What to Do If the Tenant Refuses to Vacate?
If the tenant does not vacate despite the eviction notice and legal proceedings:
- File a complaint with the Dubai Rental Dispute Center.
- Request enforcement of the eviction order through Dubai Courts.
- Seek police assistance to remove the tenant legally.
Conclusion
Evicting a tenant due to illegal activities in Dubai requires a thorough understanding of the law and strict adherence to legal procedures. By following the steps outlined above, landlords can protect their property and ensure a lawful eviction process. Seeking assistance from legal professionals and working with authorities like Dubai Police, Public Prosecution Dubai, and the Rental Dispute Settlement Center can help landlords navigate disputes effectively and enforce their rights.