When you own a property and buy it for a not small amount, and give it under a lease contract to the tenant to benefit from it, you certainly, as the owner of the property, expect the tenant to preserve your property and not damage it, or destroy it, as you expect him to abide by the terms of the contract concluded between you so that he does not disobey the house, and pay Rental value on time. and regularly.
Also, the tenant, as a person who wants to settle in a house and arrange his work and living matters from this house, and pays the amount of rent that deducts a not small percentage of his monthly income, will not be satisfied or like to feel threatened and insecure all the time and wants to feel that his rights are preserved just like the rights of Owner or landlord For all that we have mentioned, and because the law was established to regulate relations between people and preserve rights, we find that the legislative authorities in the Emirates left the matter of regulating rental laws according to the privacy of each emirate separately.
This means that you will not find a federal law issued regarding rental transactions, but rather a general framework that regulates all civil transactions, according to Federal Law No. 5 of 1985 AD The rental law is one of the laws regulated by Federal Law No. 5 of 1985 AD, and from this law emerged local laws and decrees that pertain to each emirate separately.
Therefore, we note that the rental laws in the United Arab Emirates stem from one starting point, but they differ from one emirate to another according to the privacy of each emirate and its laws. In the Emirate of Dubai, for example: Dubai Rents Law No. 26 of 2007 was issued, which regulates rental transactions and the relationship between rents. The owner of the property and the tenant.
While we find Abu Dhabi Rent Law No. 20 issued in 2006. It regulates rental relations and transactions in Abu Dhabi.
As for the Emirate of Sharjah, it is regulated by Law No. 2 of Sharjah Rentals 2007. Rental transactions in it.
These laws in the three emirates covered various aspects of the relationship between the landlord and the lessee, including:
Notice period in the lease:
When you rent a property from a person, whether for residence or for the exercise of any commercial activity, a lease contract registered in government departments is written to guarantee the rights of both parties to the contract. The rental fee and method of payment is monthly or annual, and any other conditions agreed upon between the two parties, in addition to the tenant’s undertaking to vacate the property after the end of the contract in the event that the lessor does not wish to renew the contract, as it is according to the law of the United Arab Emirates, which is agreed upon by the rental laws in all Emirates, The tenant has the right to obtain a specific period before evacuating the property, and the period of warning or notice period has been clarified.
Tenancy law in Abu Dhabi on the period of notice after the expiry of the lease and the articles regulating rental transactions in Abu Dhabi:
● After reviewing Law No. (1) of 1974 reorganizing the government apparatus in the Emirate of Abu Dhabi and its amendments.
● And Law No. (2) of 1971 regarding the Council. The National Consultant and its amendments
● Law No. (2) of 1994 in the matter of renting places.Regulating the relationship between landlords and tenants and its amendments.
● And Law No. (6) of 2004 reorganizing the oversight apparatus Finance.
● And Law No. (3) of 2005 regulating real estate registration in the Emirate of Abu Dhabi
● And Law No. (19) of 2005 on real estate ownership.
● And Federal Law No. (5) of 1985 promulgating the Law Civil Transactions of the United Arab Emirates and its amendments
● And Federal Law No. (10) of 1992 promulgating Law Evidence in civil and commercial transactions.
● And Federal Law No. (11) of 1992 issuing a law. Civil procedures and its amendments.
And based on what was presented to the Executive Council, and the Council’s approval thereof, Law No. 20 of 2006 was issued, which regulates the laws of renting places in Abu Dhabi. Article (22) of this law stipulates that:
● The tenant must return the leased property at the end of the lease. He completes the procedures for handing over the leased property according to what has been agreed upon, and he undertakes to fulfill all the obligations stipulated in Article (15) of this law.
The tenant is obligated to pay the value of consumption of water, electricity, and telephone to the leased property, the value of any damages he may have caused to the leased property, and any other fees that he is legally obligated to pay, starting from the date of receiving the leased property, until the date of its re-delivery to the lessor, unless otherwise agreed. That, and with rent from the date of the end of the contract until the date of the actual delivery of the leased property to the lessor.
Subject to the provisions of Article (20) of this law.
The lessor may not request the evacuation of the leased property, except for one of the following reasons:
1-If the tenant does not fulfill the rent due within the dates specified in Article (11) of this law, provided that it is not permissible to rule on eviction if the tenant pays the due rent before settling the dispute with all the litigation expenses incurred by the lessor, and if the tenant’s delay is repeated For payment of the fare without excuse. Acceptable, the judgment may be eviction.
2-If the tenant assigns the lease or sublease all or part of what he rented, in any way, with the exception of the permit or permission provided in Article (17) of this law.
3-If the lessee or sublessee occupies the leased property Exceeding the usual number of housing
4-If the lessee uses the leased property, or allows it to be used in a way that violates the terms of the lease, or harms the interest of the lessor, or Use it for purposes other than for which it was rented
5-If the tenant uses the rented space or allows it to be used in a way that is harmful to health, disturbing comfort, or contrary to public order and morals.
6-If the owner wishes to demolish the leased property in order to rebuild it, raise it, or add to it or transform it, this is required.
7-In the event of demolition for reconstruction and modification, at least fifteen years have elapsed since the construction of the property
8-The owner must obtain the necessary licenses from the competent authorities.
9-The inability to make a ramp or addition while the tenant remains in the leased property, and the ramp or addition takes place after a decision is issued by the committee to fulfill this condition, and the committee may seek the assistance of whoever it deems appropriate. of the experts to determine it
10-The owner must obtain the necessary licenses from the competent authorities.8 9. The inability to make a ramp or addition while the tenant remains in the leased property, and the ramp or addition takes place after a decision is issued by the committee to fulfill this condition, and the committee may seek the assistance of whoever it deems appropriate. of the experts to determine it.
11-The tenant is given six months’ notice to vacate. The date of issuance of the necessary licenses from the competent authorities.
12-Preference is given to renting the property after it has been rebuilt, raised, added to, or transformed to the previous tenant.
13-In the event that the landlord fails to carry out the reconstruction, addition, or modification after obtaining the necessary licenses and after evicting the tenant, the tenant may return to occupy the property with compensation or either of them, and the committee may decide the appropriate amount of compensation, provided that its amount does not exceed one year’s rent.
14-If the owner of the property wishes to occupy the leased property for residential purposes by himself, provided that he does not own another property suitable for housing within the jurisdiction of the municipality in which the leased property is located, and in this case it is stipulated that:
● Notify the tenant six months before the expiration date of the lease.
● The owner should actually occupy the leased property after evacuating it from the tenant. For a year without interruption
● In the event that the owner does not actually occupy the leased property without an acceptable excuse within three months from the date of eviction, or if he occupies it for a period of less than a year, or if he leases it to another tenant after vacating it from the tenant, the ruling may be issued for the tenant to return to occupy the property with compensation or with any other of them, and the committee may decide the amount. Appropriate compensation, provided that its amount does not exceed one year’s wages
● In all cases, the Committee may give the tenant an appropriate period for eviction, which does not exceed six months
Chapter VI in the law on the termination of the lease in the Emirate of Abu Dhabi
Article No. (20)
The lease contract shall be valid until the end of the period specified therein, and shall be renewed for a similar period or periods, unless one of the two parties notifies the other party of his desire in writing to vacate the leased property or amend the terms of the contract, before the expiry of the valid period according to the following:
1-For places rented for housing, the announcement shall be made two months before the end of the contract
2-For premises rented for commercial or industrial purposes, or to practice a free profession, the announcement shall be made three months before the end of the contract.
3-Likewise, the landlord may not ask the tenant to vacate the leased property, except after three years have passed from the date of the original contract, unless the Committee decides otherwise, and provided that the lessee is given a period not exceeding six months to vacate the leased property, starting from the date specified by the Committee.And that the lessee has benefited from the leased property for a period of not less than one year
All of this is provided that the tenant does not violate the terms of the contract agreed upon, in which case the matter is referred to the committee to settle the existing dispute in accordance with the provisions of this law.
Article No. (21)
The lease remains valid until the end of its term after the death of the lessor or tenant, however the heirs of the tenant may request termination of the contract If the lease contract was concluded only because of the lessee’s occupation or personal considerations, then he died, the heirs of the lessee or the landlord may request termination of the contract. – In all cases, the eviction notice dates must be observed. provided for in the previous article.
Duration of issuing a warning not to renew the lease contract in the Emirate of Abu Dhabi So, and based on the foregoing in the previous paragraph, we note that Article 20 of the Abu Dhabi Rental Law of 2006 AD stipulates the warning period in the event that the lessor does not wish to extend the contract period according to the type of leased property and the nature of the lease contract, as follows:
First – The landlord must allow the tenant to complete the rental period mentioned in the lease contract until the end of the agreed period, and not terminate it before that, except for the exclusive reasons mentioned by the law and which we talked about in the previous paragraph.
Second – If one of the parties does not express his desire to terminate the lease contract before the end of the agreed period, it shall be renewed for another similar period or periods.
Third – The notice of non-renewal of the lease contract must be in writing by the party wishing to do so, provided that it is before the end of the contractual period agreed upon as follows:
● In lease contracts for residential real estate, a warning must be present.At least two months before the end of the contract
● In lease contracts for real estate rented for commercial or industrial purposes or for a free profession, the warning must be given three months before the end of the contract
● The landlord is not entitled to request the eviction of the tenant unless three evictions have passed. years from the date of the original contract
● An exception can be given to the tenant before the end of the three years. According to the following conditions
A- This is requested by the Rental Disputes Settlement Committee, which decides whether to vacate or not .
B- In the event of an approval to vacate, the tenant shall be given a period of six months to vacate the leased property, starting from the date specified by the committee.
C- It is not permissible to vacate unless the tenant has benefited from the property for a period of at least one year.
What is the difference between the period of notice to vacate a place in the Abu Dhabi Tenancy Law and the period of eviction of a residential property?
The Abu Dhabi Rent Law distinguished between the period of notice to vacate the residential property and the period of notice to vacate the commercial store, so it made the notice period for residential real estate two months before the end of the contract, and for real estate rented for commercial or industrial purposes or for a free profession three months before the end of the contract.
While we find that the rental law in Sharjah and the rental law in Dubai grant an equal eviction notice period regardless of the nature of the property. It is worth noting that the warning is sent by e-mail to the tenant.
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