Can a residential property landlord refuse payment for a breach of contract and evict you?

property law


September 20, 2021



| Your comment matters, please click here to rate article!

Residential property leases in Dubai are subject to the Law No. (26) of 2007 on ‘Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai’ (“Tenancy Law”). It is critical to bear in mind that a lease agreement entered into between a landlord and tenant constitutes a binding and enforceable agreement between the parties. Thereby, if any of the parties do not honor the terms of the executed commercial lease agreement, it would be termed as a contractual breach. Pursuant to the UAE laws a contract binds the parties to perform the contractual obligations, and any failure to adhere to those obligations is considered a ‘breach of contract’.

Pursuant to the Dubai Tenancy law, a landlord may order eviction of an existing tenant only in the following two instances: either a) upon expiry of the Lease Contract; or b) if the circumstances as detailed in clause 25 of the tenancy law occur.

Upon expiry of the Lease Contract, the Landlord may seek eviction of the Tenant from the Real Property if: 

  • Competent Government entity requires demolition and reconstruction of the Real Property as per urban development requirements in the Emirate; 
  • the Real Property is in a condition that requires full renovation or comprehensive maintenance that cannot be carried out in the presence of the Tenant in the Real Property, provided that the condition of the Real Property is verified by virtue of a technical report attested to by Dubai Municipality; 
  • the Landlord wishes to demolish the Real Property to reconstruct it or add any new constructions that will prevent the Tenant from using the Real Property, provided that the Landlord obtains the required permits from the competent entities; or d. the Landlord wishes to repossess the Real Property for use by him personally or by any of his first-degree relatives. However, for each of the above-mentioned four cases, the Landlord must notify the Tenant of the eviction reasons at least ninety (90) days prior to the expiry of the Lease Contract.
  • the landlord wishes to repossess the property for use by him personally or by any of his first-degree relatives, provided the Landlord notifies the Tenant of the eviction reasons at least ninety (90) days prior to the expiry of the Lease Contract.

The landlord may also seek eviction of the Tenant from the real property if any of the following circumstances apply:

  • If the tenant refuses to pay the rents or part of it within 30 days’ notice of payment have been served by the Landlord
  • If the tenant subleases the property or part of it without the landlord’s consent.
  • If the tenant uses the property for illegal purposes or allows others to do so.
  • If the tenant uses the property contrary to the purpose of leasing.
  • If the property is in danger of collapse supported by a technical report.
  • If the tenant makes alterations or changes to the property or allows others to do so that endangers the safety of the property.
  • If the tenant fails to abide by the tenancy rules and regulations within 30 day’s of the landlord’s notifications.
  • In case where the government authorities demand demotion or reconstruction to meet the development requirements.


Related Links

Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.


No comments found.

Leave a Comment

Your email address will not be published. Required fields are marked *

Want to know more?
Then talk to us.

Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

British Client

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Select your Language:


Main Menu