A property owner (landlord) may resort to eviction as a legal procedure when a tenant refuses to vacate the leased property voluntarily or fails to comply with the obligations agreed upon in the lease contract. In such cases, the landlord sends an eviction notice to the tenant — a friendly step before involving the courts.
Sending an eviction notice in the DIFC requires drafting a formal legal notice that includes all parties’ details and eviction information. The notice must then be notarized by a notary public in Dubai and sent through registered mail or an officially approved notification company within a specific period, depending on the case.
Below are the practical steps for drafting and delivering the eviction notice correctly and legally:
1. Legal Drafting of the Notice
- Clearly state the purpose of the notice: Mention the reason for the notice (e.g., non-payment of rent, violation of contract terms, etc.).
- Gather information and documents: Collect all relevant materials such as the lease contract, prior correspondence, and invoices.
- Legal drafting: Write the notice in clear, concise legal language, referring to relevant rights and obligations.
- Specify the response deadline: Indicate the time frame within which the tenant must respond.
- State legal consequences: Mention the possible legal actions if the tenant fails to comply, such as filing a case in court.
2. Legal and Secure Delivery of the Notice
- Notarization: The notice must be notarized by a notary public.
- Delivery methods: The notice can be delivered through registered mail, an approved service company, or via email.
How to Send an Eviction Notice to Tenants in the DIFC
- Drafting the legal notice: It must be written precisely and clearly in legal language, including the full details of both landlord and tenant.
- Specify the reason for eviction and the deadline for compliance.
- State the legal grounds for issuing the notice.
Notarizing the Notice:
The notice must be notarized by a private or public notary in Dubai to ensure its legal validity and prevent future disputes.
Sending the Notice to the Tenant:
- By registered mail with proof of delivery.
- By email or WhatsApp, if such contact methods are mentioned in the lease agreement.
- Through authorized notification companies.
It’s important to note that the DIFC itself does not send eviction notices directly. The responsibility lies with the landlord, who must prepare and deliver the notice personally or through a lawyer, in accordance with DIFC laws. The DIFC authorities ensure that the landlord complies with applicable regulations under the DIFC Authority and the Financial Services Authority.
Key Reasons to Consult Legal Experts in the DIFC
Consulting legal professionals within the DIFC is strongly recommended since the Centre operates under its own independent legal system based on common law and English, which differs from the general UAE legal system. These experts can assist with:
- Legal Specificity: Understanding DIFC’s legal framework and ensuring compliance.
- Company Formation: Helping establish entities within the DIFC and drafting necessary agreements and regulations.
- Regulatory Compliance: Ensuring adherence to DIFC’s standards and avoiding legal risks.
- Dispute Resolution: Providing support in mediation and arbitration to resolve conflicts efficiently within the DIFC framework.
- Specialized Expertise: Handling complex cases involving contracts, corporate governance, and regulatory matters.
- Protection of Rights and Obligations: Helping clients understand their rights and obligations and ensuring all actions comply with relevant laws.
Frequently Asked Questions (FAQs)
- What is an eviction notice in the DIFC?
It’s an official notice sent by the landlord to the tenant requesting the tenant to vacate the property within a specified time frame for a legitimate reason that terminates the lease agreement. - How can I send an eviction notice legally?
A legal eviction notice must be drafted, notarized, and sent via registered mail, notary public, email, WhatsApp, or a certified delivery service. - What documents are required to send the notice?
Required documents include the sender’s ID, a copy of the legal notice, supporting documents such as the lease agreement, trade license (if applicable), and identification documents. If sent through a lawyer, a power of attorney or the lawyer’s ID must also be attached. - How long does it usually take to enforce an eviction after sending the notice?
Depending on the case, the process can take 2 weeks to 3 months. For rent non-payment, a 30-day notice is generally given before legal action. For cases involving sale, demolition, or personal use, a 12-month notice is required before the intended eviction date. - Can the tenant object to the notice?
Yes. The tenant can contest the eviction notice if it’s unclear or unjustified by filing a complaint with the Rental Dispute Settlement Centre in Dubai or the relevant court. They may also negotiate with the landlord for an extension or settlement. - What’s the difference between a legal notice and judicial proceedings?
A legal notice is a preliminary step meant to warn or inform the other party before litigation, while judicial proceedings are the formal legal process before a court. - Can I use legal services to assist with the notice?
Yes, you can hire a lawyer or DIFC legal expert to prepare and send a fully compliant eviction notice.
Final Note
The laws applied in free zones like DIFC differ from those in mainland UAE. Therefore, it is highly recommended to consult a DIFC legal specialist or verify the Centre’s specific regulations to ensure full compliance.
Get professional legal assistance now to issue your eviction notice through a private notary in Dubai, ensuring your notice is legally sound and enforceable.
If you are facing issues with a tenant, contact our experts today — we’ll guide you through both the amicable and judicial eviction procedures.
Abdul Hamid is a legal consultant with extensive experience in providing legal advice in the United Arab Emirates. His expertise focuses on legal drafting, resolving commercial disputes, and drafting and reviewing corporate and employment contracts.