Addressing Rental Arrears and Breach of Contract
In the UAE, the relationship between landlord and tenant is primarily governed by Law No. 26 of 2007 (as amended by Law No. 33 of 2008) in Dubai, and similar local legislations in other Emirates. When a tenant stops paying rent and ceases communication, it constitutes a fundamental breach of the lease agreement. Landlords must resist the urge to take self-help measures, such as cutting off utilities or changing locks, as these actions are illegal and can result in criminal liability for the landlord.
The Formal Notification Process
The first legal step is to serve a formal 30-day notice to pay or vacate. This notice must be delivered via Notary Public or registered mail to ensure its admissibility in court. If the tenant remains unresponsive after the 30-day period, the landlord is entitled to file a formal dispute with the Rental Dispute Center (RDC) or the relevant judicial committee in the respective Emirate.
Litigation and Eviction Procedures
Upon filing a case, the RDC will evaluate the evidence of non-payment. If the judgment is in favor of the landlord, the court may issue an eviction order and a payment order for the outstanding rent. Execution of the eviction is carried out by court bailiffs. For commercial leases, landlords may also seek compensation for damages or loss of profit, depending on the specific clauses within the tenancy contract.