In Dubai, landlords sometimes face difficulties with non-paying tenants. It is crucial to understand the legal procedures and requirements for evicting a non-paying tenant to protect your property and rights as a landlord. This article will guide you through the eviction process in Dubai.
Step 1: Review the Tenancy Agreement
The first step is to carefully review the tenancy agreement signed between you and the tenant. Make sure you understand the terms and conditions related to rent payment, default, and eviction procedures. The agreement will serve as a legal reference during the eviction process.
Step 2: Serve a Legal Notice
If the tenant fails to pay rent, you must serve them with a legal notice to demand payment. This notice should clearly state the overdue amount, the due date, and a reasonable timeframe for the tenant to settle the outstanding balance. Keep a record of the notice as it will be required if legal action becomes necessary.
Step 3: File a Case at the Rental Dispute Settlement Center (RDSC)
If the tenant does not respond to the legal notice or fails to pay within the given timeframe, you can proceed to file a case at the RDSC. Prepare all relevant documents, including the tenancy agreement, notice of payment demand, and any correspondence with the tenant, to support your case.
Step 4: Attend the Mediation Hearing
Once your case is registered, the RDSC will schedule a mediation hearing to resolve the dispute between you and the tenant. The hearing aims to encourage both parties to reach a mutually agreed settlement.
Step 4.1: Settlement Agreement
If an agreement is reached, the terms will be documented in a settlement agreement. The tenant will have to fulfill the agreed-upon terms, such as paying the outstanding rent balance and moving out of the property within a specified period.
Step 4.2: Failure to Reach an Agreement
If the mediation hearing does not result in a settlement agreement, the RDSC will issue a certificate of non-settlement. This certificate is required to move the case to the Dubai Courts.
Step 5: File a Case at the Dubai Courts
With the certificate of non-settlement from the RDSC, you can proceed to file a case at the Dubai Courts. Hire a lawyer specialized in property law to assist with the legal proceedings. The court will review the case and issue a judgment.
Step 6: Execution of Judgment
If the court rules in your favor, you will receive a judgment ordering the eviction of the non-paying tenant. Present the judgment to the Rental Committee for execution. The committee will coordinate with the Dubai Police to enforce the eviction order.
Evicting a non-paying tenant in Dubai involves going through a legal process that begins with serving a legal notice and potentially culminates in a court judgment. It is important to familiarize yourself with the applicable laws and regulations and, if needed, seek professional legal assistance to protect your rights as a landlord.