Eviction Notice for Lease Expiration in Abu Dhabi | FHS Law Firm

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Eviction Notice for Lease Expiration in Abu Dhabi: Your Comprehensive Legal Guide

Rental laws, or what is called the rental relationship, were established to protect the rights of the landlord and the tenant.

It is a legal partnership based on clear and specific terms, built on respecting the interests of both parties. It is natural for the property owner to strive to maintain their investment, ensure the tenant’s compliance with the contract terms, and the regular payment of rent, while the tenant seeks stability and security in their residential or commercial space without the threat of sudden eviction.

To achieve this balance and regulate real estate transactions, the legislative authorities in the United Arab Emirates established a general framework for civil transactions under Federal Law No. (5) of 1985, leaving the details and regulations of rental agreements to the specific conditions and local laws of each emirate.

As for rentals in Dubai, they are regulated by Dubai Rent Law No. 26 of 2007, while Sharjah Rent Law No. 2 of 2007 governs rental contracts in the Emirate of Sharjah.

In the Emirate of Abu Dhabi, Law No. 20 of 2006 and its amendments regulate rental contracts and eviction notice conditions.

Since our office, FHS Solutions for Law and Legal Consulting, is located in Abu Dhabi, Electra Street, we will discuss in this article the conditions and durations of eviction notices for the expiration of lease contracts in the Emirate of Abu Dhabi.

If the property owner wishes to terminate the lease and not renew the lease in Abu Dhabi, what is the legal period within which the eviction notice must be given?


Eviction Notice Period for Lease Expiration in Abu Dhabi

According to Article (20) of the Abu Dhabi Rental Law, the lease contract remains valid until the end of its specified term and is automatically renewed for periods similar to the duration mentioned in the contract, unless one of the rental parties sends a written notice indicating their desire to vacate or amend the terms.

Notice Period in the Lease Agreement

When you rent a property from someone, whether for residential purposes or for conducting any business activity, a rental contract is drafted and registered with government authorities to ensure the rights of both parties.

This contract includes the name of the landlord and all their details, the name of the tenant and all their details and related information, complete details of the property and its specifications, the rental period, the rent amount and payment method, whether monthly or annually, and any other conditions agreed upon by both parties. Additionally, the tenant commits to vacate the property after the contract ends if the landlord does not wish to renew the contract.

According to the laws of the United Arab Emirates, which are consistent across all emirates, the tenant is entitled to a specified grace period before vacating the property, and the notice period or notification period is clearly defined.

The notice period varies legally based on the nature of the property’s use as follows:

Residential Rental Properties

The tenant or landlord must issue the eviction or modification notice at least two months before the end of the contract period.

Commercial, Industrial, or Freelance Properties

The other party must be notified at least three months before the end of the contract.

Important Notice

The landlord does not have the right to request the eviction of the rented property except after a full 3 years have passed from the date of the original contract.

Unless the terms of the contract stipulate otherwise or the Rental Disputes Settlement Committee decides otherwise, granting the tenant an eviction period not exceeding 6 months.


Cases of Eviction Requests Before the End of the Lease Contract in Abu Dhabi Law

Because the law was created to protect the rights of both parties in a rental contract, and to ensure the tenant’s right to use the rented property freely and to guaranty that the landlord does not suddenly demand eviction from the tenant, clear and strict regulations and exceptional cases have been established by the legislation in the UAE, granting the landlord the right to legally request the eviction of the property.

Among these cases are:

Delay in Rent Payment

If the tenant does not pay the due rent within the specified deadlines, does not settle the payment along with litigation expenses before the dispute is resolved, or if there is a repeated delay in payment without a valid excuse.

Subleasing

The tenant who has rented a property is not allowed to sublet it, either fully or partially, to another person without written permission from the landlord.

If the tenant does so, the landlord has the right to request eviction, even if the lease term has not yet ended.

Residential Overcrowding

Occupying the rented property with more people than is customary in residential real estate.

Example

If you rent a one-bedroom apartment and the property owner discovers that you have accommodated 10 workers or young men inside it, the landlord has the right to terminate the contract and evict them legally because this number damages the rented property and violates the regulations.

Violation of Contract Terms and Harm to the Owner

Everyone who owns something or a property is keen to ensure their assets are not harmed.

If the tenant uses the property in a way that violates the rental agreement or harms the landlord’s interests, the landlord has the right to request immediate eviction, even before the legal term of the rental contract expires, stating that the tenant has violated the terms of the rental agreement.

Violation of Public Order and Morals

If the tenant commits any act that violates public morals, disturbs the neighbors, harms health, disrupts the general environment of the residence, or damages the property in any way, the landlord has the right to request the tenant to vacate the premises.

Demolition, Reconstruction, or Building Expansion

The property owner (landlord) has the legal right to force the tenant to vacate the property if they wish to demolish the building to rebuild it or to add additional floors (raising).

Under specific conditions, which are:

Property Age Requirement

The property must have been built at least 15 years ago.

Official Licenses

The landlord must obtain all demolition and construction licenses from the government authorities first.

Tenant’s Grace Period

The landlord must grant the tenant a grace period of 6 months to vacate, starting from the date the official permits are issued and not before that.

Example

If you have an old building that is twenty years old and you want to demolish it and rebuild a modern one, you must obtain a demolition permit from the municipality, then send an official notice to the tenants giving them a six-month period to find alternative housing and vacate the building.

Using the Property for Personal Residence

For example, if the property owner has returned to settle in the emirate and has no place to live, in this case, he has the right to ask the tenant to vacate the house because he wants to live in it.

The tenant must be notified six months before the contract ends, and the property must be occupied continuously for a full year without interruption.


Returning the Leased Property and Financial Obligations Upon Eviction

Under Article (22) of the Abu Dhabi Rental Law, the tenant is obligated to return the leased property immediately upon the expiration of the lease contract. And if the actual handover procedures are not completed, the tenant remains obligated to fulfill all subsequent financial obligations:

  • Payment for water, electricity, and telephone consumption throughout his stay in the property until the time of its handover.

  • Paying for any damages or harm caused to the rented property.

  • Payment of the rent due from the end date of the contract until the actual delivery date of the property to the landlord.


Are You Looking for the Best Real Estate Lawyer in Abu Dhabi?

The real estate law in Abu Dhabi regulates this vast field, and rental disputes and eviction notice procedures require utmost legal precision to avoid the nullification of actions before the rental dispute resolution committees.

FHS Legal Consultancy Office in Abu Dhabi offers you a selection of the best lawyers and legal advisors specialized in real estate cases, drafting lease agreements, issuing non-renewal notices, and eviction notices.

We study your legal situation whether you are a landlord wanting to evict the tenant from the property, or a tenant wanting to know if the property owner has the right to evict you and on what grounds, using correct legal methods that ensure all your rights are protected.

Contact Us Today to Protect Your Real Estate Rights

Address: Abu Dhabi, Electra Street, Al Reem Tower, Office No. 401

Or contact our team via WhatsApp at the number located at the bottom of the page.


Frequently Asked Questions About Eviction Notices

Q:Is the Landlord Allowed to Evict the Tenant Before 3 Years in Abu Dhabi?

A:Several factors control the matter.

First, before three years have passed from the date of the original contract, the landlord is not entitled to request eviction except in the following cases:

  • The tenant’s refusal to pay the due rent.

  • Subletting without the owner’s permission.

  • Using the property in a manner that violates the contract or harms public health and order.

  • Issuance of an exceptional decision by the Rental Disputes Settlement Committee for eviction, granting a grace period not exceeding 6 months.

Q:What Happens if the Lease Ends and the Tenant Does Not Vacate the Property?

A:The tenant is legally obligated to return the leased property immediately upon the expiration of the contract.

If the delivery procedures are not completed, the tenant remains responsible for paying the rent due for the actual period of stay, in addition to settling the water and electricity bills and compensating for any damages to the property.

Q:Does the Lease Contract Automatically Renew Under Abu Dhabi Rental Law?

A:Yes, the lease contract remains valid until the end of its term and is automatically renewed for the same duration or durations under the same conditions, unless one party notifies the other through a written notice of their desire to vacate or amend the contract terms before the expiration of the current term within the specified legal notice period.

Q:Can I Sublease a Property That I Have Rented?

A:No, this is against the law, and if you do that, the landlord has the right to ask you to vacate the property without waiting for the lease term to end.


Contact FHS Law Firm and Legal Consultancy

Don’t hesitate to consult our experts, no matter what your legal needs are. Whether you need a real estate lawyer, a company formation lawyer, or if your landlord has sent you an eviction notice and you want to know your legal status.

Our experts at FHS Solutions are ready to assist you and ensure your legal rights.

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