Khaleej Times,
Mon, Nov 11, 2024 | Jumada al-Awwal 9, 1446
Dubai: Owners cannot rent out apartment for 2 years after vacating it for personal use
Emirates:
Question: I have been renting my apartment in Dubai to a tenant for the
last three years. I now wish to move into the flat. What is the procedure? And
how long will it take?
Answer: In Dubai, an owner may request the eviction of a tenant from the rented
apartment by serving a 12-month notice attested by a notary public if he or she
intends to use the apartment for his own personal use or use of his first-degree
family members.
This is in accordance with Article 25 (2)(c) of Law No. 33 of 2008 Amending Law
No. 26 of 2007 regulating the relationship between owners and tenants in the
emirate of Dubai, which states, “Upon expiry of the rent contract, the owner may
seek eviction of the tenant from the real property only if:
- the real property owner wishes to retake possession of the real property for
his own use or use by any of his first-degree relatives, provided that the owner
proves that he does not own any alternative real property that is suitable for
this purpose;
For the purposes of paragraph (2) of this Article, the owner must notify the
tenant of the eviction reasons at least twelve (12) months before the date of
eviction, and the notice must be served through a notary public or by registered
mail.”
Furthermore, an owner upon evicting a tenant on grounds of using the rented
apartment for his own use or use by a first-degree relative is prohibited from
renting out the said apartment for at least two years if it is residential, or
three years if it is non-residential, from the date the owner taking possession
of the rented apartment.
This is in accordance with Article 26 of the Amended Rent Law states, “Where the
tribunal rules in favour of the owner retaking possession of the real property
for his own use or for use by any of his first-degree relatives, in accordance
with sub-paragraph (2)(c) of Article 25 of this Law, the owner may not rent the
real property to a third party before the lapse of at least two (2) years in
case of residential real property, or three (3) years in case of non-residential
real property, from the date of retaking possession of the same. Otherwise, the
tenant may request the tribunal to award him fair compensation.”
Based on the aforementioned provisions of law, as you intend to live in your
own apartment, you may notify the tenant to vacate the apartment by serving
upon the tenant a 12 month’s notice attested by a notary public and upon
having possession of the said apartment, you may not rent it to any third
party at least for two years from the date of taking possession of the
apartment.