A landlord should normally approach a tenancy problem systematically.
Step 1: Review the Tenancy Contract and Ejari
Start with the current lease, Ejari registration, payment schedule, addenda and any agreed conditions.
Dubai law requires relevant tenancy contracts and their amendments to be registered with RERA.
Step 2: Identify the Legal Ground
Determine whether the problem is unpaid rent, unauthorized sub-letting, breach of contract, misuse of the property, damage, or repossession.
Article 25 provides several grounds for eviction before expiry, including non-payment after the applicable notice, unauthorised subletting, illegal use, serious damage and failure to comply with contractual or statutory obligations after the required notice.
Step 3: Serve the Correct Notice
This is one of the most important stages.
For example, where a landlord wishes to recover possession after expiry because the owner intends to sell the property, personally occupy it or allow a qualifying first-degree relative to occupy it, demolish/reconstruct it, or undertake qualifying comprehensive restoration, Article 25 requires at least 12 months’ notice before the eviction date, served through a Notary Public or registered mail.
Determine whether the problem is unpaid rent, unauthorized sub-letting, breach of contract, misuse of the property, damage, or repossession.
Step 4: Check Any Proposed Rent Increase
A landlord may seek a rental adjustment at renewal, but the increase is not determined simply by current asking prices on property portals.
According to Dubai Land Department recommendations, rental increases should be based on the relevant Rental Index and the notice is generally served at least three months prior to renewal. The amended Tenancy Law also states that if there is no other agreement, the party that wants to change the contract terms must notify 90 days before the expiration.
Landlords should therefore check the current DLD Rental Index before issuing a renewal proposal.
Step 5: Preserve Evidence
Keep: