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How to Notarize and Send an Eviction Notice to a Tenant in Dubai

by Sonal Shukla

Renting out a property can be a lucrative investment, but it comes with its challenges, including dealing with problematic tenants. In Dubai, landlords have specific legal rights to protect their interests when faced with issues like non-payment of rent, breach of contract, or illegal activities. One of the crucial steps in addressing these matters is sending an eviction notice. In this comprehensive guide, we will delve deeper into the concept of an eviction notice, its definition, and the steps involved in notarizing and sending it to a tenant in Dubai.

Understanding the Eviction Notice:

An eviction notice is a written legal document served by a landlord to inform a tenant that they must vacate the property within a specified period. It serves as an official warning and initiates the process of terminating the tenancy. The eviction notice outlines the reason for the termination and the date by which the tenant is expected to leave the premises. In Dubai, an eviction notice must comply with the provisions of the Dubai Rental Law (Law No. 26 of 2007) and any terms stated in the tenancy agreement.

Types of Eviction Notices in Dubai:

1. Non-Payment of Rent Notice: This notice is served when the tenant fails to pay rent on time. According to Dubai law, landlords must provide a 30-day notice period before initiating eviction procedures due to non-payment of rent.
2. Breach of Contract Notice: When a tenant violates the terms and conditions of the tenancy agreement, the landlord can serve a breach of contract notice. This notice allows the tenant a specific period to rectify the breach before eviction proceedings.
3. Termination without Cause Notice: In some cases, landlords may wish to terminate the tenancy without citing a specific reason. However, the notice period for such terminations depends on the type of tenancy agreement (limited or unlimited).
4. End of Tenancy Notice: When a fixed-term lease is about to expire, the landlord may serve an end of tenancy notice, stating their intention not to renew the lease.

Steps to Notarize and Send an Eviction Notice to a tenant in Dubai:

Step 1: Review Tenancy Agreement and Dubai Rental Law:

Before preparing the eviction notice, thoroughly review the tenancy agreement and the Dubai Rental Law to ensure you have valid grounds for eviction. Understanding your rights and responsibilities will help you proceed legally and confidently.

Step 2: Draft the Eviction Notice:

Create a comprehensive eviction notice, including the following details:

Full names and contact information of both parties (landlord and tenant).
The address and unit number of the property.
Clear and specific reasons for the eviction, with reference to the relevant clause in the tenancy agreement, if applicable.
The notice period, which is generally 12 months for residential leases unless otherwise specified in the agreement.
The exact date by which the tenant must vacate the property.
Contact information of the landlord or the landlord’s authorized representative for further communication.

Step 3: Notarization of the Eviction Notice:

To ensure the eviction notice’s legal validity, notarization is essential. Notarization involves the authentication of the document and the signatures on it by a Notary Public Dubai. This step helps prevent any disputes regarding the notice’s authenticity.

To notarize the eviction notice, follow these steps:

1. Print multiple copies of the prepared eviction notice.
2. Visit a Notary Public office in Dubai with the copies and your original identification documents, such as a passport or Emirates ID.
3. The Notary Public will verify your identity and witness your signature on each copy of the eviction notice.
4. The Notary Public will then stamp and sign each copy, indicating their authenticity and legality.

Step 4: Sending the Notarized Eviction Notice:

After notarization, you must serve the eviction notice to the tenant through a legal and acceptable method, such as:

1. Sending the notice via registered mail with acknowledgment of receipt.
2. Hand-delivering the notice with a witness present to confirm the delivery.
3. Serving the notice through a court-approved process server.

Seeking Legal Assistance from Drafting Lawyers at Notary Public Dubai:

Navigating the eviction process in Dubai can be complex, especially if the tenant contests the notice or refuses to vacate the property. In such situations, seeking assistance from drafting lawyers at a Notary Public Dubai can be highly beneficial. Here’s how they can help:

1. Legal Expertise: Drafting lawyers are well-versed in Dubai’s tenancy laws and can ensure your eviction notice complies with all legal requirements and is tailored to your specific situation.
2. Customized Notices: Lawyers can draft personalized eviction notices, addressing the specific issues you face as a landlord and maximizing the chances of a successful eviction.
3. Mediation and Negotiation: If the tenant challenges the eviction, lawyers can mediate and negotiate on your behalf to find a resolution and avoid lengthy court battles.
4. Court Representation: In case the matter escalates to court, drafting lawyers can represent you during the legal proceedings, ensuring your rights are protected and advocating for a favorable outcome.

Conclusion:

Sending an eviction notice to a tenant in Dubai is a crucial step in the process of reclaiming your property and resolving issues with difficult tenants. By understanding the concept of an eviction notice, adhering to Dubai’s tenancy laws, and seeking assistance from drafting lawyers at a Notary Public Dubai, you can ensure a legally sound and smooth eviction process. Remember to approach the eviction process with fairness, transparency, and respect for the rights of both parties involved.

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