Being a landlord can be a rewarding experience, but it also comes with its fair share of challenges. One such challenge is the process of evicting a tenant when the need arises. Eviction is a delicate and legally regulated matter in Abu Dhabi, and it’s essential to understand the process to ensure a smooth and lawful resolution. In this blog, we will provide a comprehensive guide on how to evict a tenant in Abu Dhabi.
Understanding the Lease Agreement: Reviewing your lease agreement with your tenant before embarking on the eviction process is crucial. Ensure that you comply with the terms of the agreement and have a valid reason for eviction. Common grounds for eviction include non-payment of rent, violation of lease terms, or the expiration of the lease.
Notice of Eviction: You must provide written notice to your tenant to initiate the eviction process. This notice should state the reason for eviction, the date the tenant must vacate the property, and your contact information. The length of the notice period may vary depending on the reason for eviction and the terms of your lease agreement.
Filing a Case: If the tenant does not voluntarily vacate the property after the notice period, you may need to file a case with the appropriate authority. In Abu Dhabi, this typically involves the Abu Dhabi Judicial Department (ADJD) or the Rental Disputes Committee (RDC). You must pay the required fees and provide all necessary documentation, including a copy of the lease agreement and the eviction notice. The cost will be 5% of the annual rent. If the tenant hasn’t paid you need to given them notice after they are 21 days in arrears, then wait five days before filing a case. You can Make the application here. Select “First Instance Courts – “Rent Disputes Committee.” Then click on “Services,” which directs you to the “Smart Pass” login.
Include with your application the following documents:
a) Emirates ID copy or any other proof of identity in exceptional cases;
b) Copy of Tawtheeq Agreement;
c) The payment request to the Tenant after the 21 days in arrears;
d) Any other evidence you have of non-payment;
e) A statement/schedule of rent from the inception of the tenancy showing the running balance of the arrears
Mediation or Hearing: There will be no hearing. If the judge is satisfied with the evidence, he will issue an eviction order within three days.
Enforcement: If a resolution is not reached or the tenant does not comply with the ruling, you can request the authorities to enforce the eviction order. This typically involves the police overseeing the eviction to ensure the property is returned to you. Once the order is made, the tenant can pay and ask to remain in the property, but the landlord doesn’t have to agree. The order is for eviction. If the landlord agrees, he’s waived his right to the eviction element but has a money judgment.
Consulting an Expert: Eviction laws and procedures can be complex and subject to change. To ensure that you follow the correct legal process and protect your rights as a landlord, consulting with a legal professional specializing in real estate or landlord-tenant matters is highly advisable.
Following the proper legal procedures and maintaining clear communication with your tenant can ensure a lawful and ethical eviction process in Abu Dhabi.
