Does Eviction Notice Have To Be Notarized? it can be frustrating to receive inconsistent or unclear information, especially if you’re not currently residing in the UAE. The process may seem daunting, but thankfully,Notary Public Dubai offers professional services that can assist you in managing your properties within the UAE, ensuring that all legal requirements are met.
What is an Eviction Notice?
An eviction notice, also known as a legal notice, is a formal document a landlord sends to a tenant to request the vacating of a rented property, whether residential or commercial. To be valid, the eviction notice must adhere to the format prescribed by UAE law and must be notarized before it can be served to the tenant. The notice can either be delivered by a notary public or sent via registered mail. Importantly, only legally acceptable reasons in compliance with Dubai’s tenancy laws can be used to issue an eviction notice. If the notice does not meet these legal criteria, it is considered invalid.
When Can a Landlord Legally Serve an Eviction Notice?
Under Law No. 33 of 2008, which amends Law No. 26 of 2007 governing the relationship between landlords and tenants in Dubai, landlords are permitted to seek eviction under specific circumstances. The law allows two main types of evictions:
- Eviction for Breach of Contract: If the tenant violates any terms of the lease agreement or UAE tenancy law before the contract expires, the landlord may seek eviction.
- Eviction at the End of the Lease Term: If the tenant has not violated the lease, the landlord can still request eviction once the lease expires, provided the reasons for eviction comply with the legal grounds outlined in the tenancy law.
Eviction for Breach of Lease or Tenancy Law
According to Article 25(1) of Law No. 33 of 2008, a landlord can demand eviction before the lease expires for several reasons, including:
- Non-payment of Rent: If the tenant fails to pay rent or part of it within 30 days of receiving a written notice from the landlord.
- Unauthorized Subletting: If the tenant sublets the property without obtaining written consent from the landlord.
- Improper Behavior: If the tenant or any third party using the property engages in improper or immoral activities.
- Abandonment of Commercial Property: If a tenant of a commercial property leaves it unoccupied for 30 consecutive days or 90 non-consecutive days without valid justification.
- Unsafe Modifications: If the tenant makes alterations to the property that make it unsafe or irreparable, or knowingly causes damage to the property.
- Improper Use: If the tenant uses the property for purposes other than those specified in the lease agreement.
- Failure to Comply: If, after receiving a notice to rectify a violation, the tenant does not comply within 30 days.
Before proceeding with eviction, the landlord must send the tenant a formal legal notice specifying the violation and allowing the tenant a chance to correct the issue. This notice acts as the final warning, signaling the landlord’s intention to take legal action if the tenant fails to comply. The notice must be served either by a notary public or via certified mail.
Eviction Upon Lease Expiry
In some cases, the landlord may request the tenant to vacate the property after the lease has expired. This is permissible if:
- The property is to be demolished or replaced with a new structure.
- The property requires extensive repairs or renovations that cannot be completed while the tenant is occupying it.
- The owner or a first-degree relative intends to use the property for personal purposes.
In such cases, the landlord is required to provide at least 12 months’ notice of the intended eviction, and this notice must be issued through a notary public or sent by registered mail.
Steps to Serve a Valid Eviction Notice
To ensure the eviction notice is legally binding, a specific procedure must be followed:
1. Drafting the Notice
The landlord must first have the eviction notice typed and notarized. It is highly recommended to have a UAE-based lawyer draft the notice, as they are familiar with the legal guidelines required. This will not only save time and effort but will also reduce the likelihood of rejection by governmental bodies or third parties.
2. Issuing the Eviction Notice via Notary Public
Once the notice has been properly drafted, the landlord will need to provide essential documents, including:
- The lease agreement.
- Ejari paperwork.
- The legal notice, identifying both the landlord and tenant, detailing the property in question, and the reason for non-renewal or eviction. Typically, this notice will be in Arabic, although English translations may also be provided.
The notice must also include the required 12-month period and clearly state that the tenant will be liable for any damages or losses incurred due to delays in vacating the property.
3. Serving the Notice
Finally, the eviction notice must be served to the tenant through a notary public or by registered mail. Registered mail requires the recipient’s signature upon delivery, ensuring that the tenant cannot claim non-receipt of the notice.
How Can Notary Public Dubai Assist?
Before taking steps to serve an eviction notice, it is always advisable to seek legal counsel to avoid potential complications and ensure the notice complies with UAE tenancy laws. Notary Public Dubai can assist landlords with notarization, legalization, and the attestation of documents both within and outside the UAE.
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