A landlord may have served notice, reached the lease end, or even obtained an eviction judgment. The tenant still remains in the property and may keep delaying handover.
This is the practical risk behind a tenant refusing to vacate Dubai property. Ownership alone does not authorize locks, service cuts, entry, or removal of belongings.
Dubai law requires the landlord to prove a valid eviction ground and use the Rental Disputes Settlement Centre, commonly called the RDC. A final judgment must then be enforced through the Center.
Quick Answer
When a tenant refuses to leave, the landlord must use the RDC process. First, confirm that the eviction ground and notice satisfy Article 25 of Dubai Law No. 26 of 2007, as amended by Law No. 33 of 2008. In-term breaches usually require a 30-day notice through a notary public or registered mail. Sale, personal use, demolition, or major restoration at lease expiry require 12 months’ notice through one of those methods. If no enforceable judgment exists, file an eviction claim. If a final judgment already exists, open an execution file with the RDC. Do not change locks or disconnect services. The result depends on the lease, notice, service proof, payment record, judgment status, and other documents.
Separate the problem into two stages. A valid notice does not remove a tenant. It supports a claim for an eviction judgment.
If no judgment exists, file the correct RDC case and request possession, rent, and any supported compensation. If a final judgment exists, begin execution instead of filing the same dispute again.
Keep accepting lawful rent carefully and record every payment. Article 31 states that an eviction claim does not excuse rent during the case and until the judgment is executed.
Avoid private enforcement. Article 34 prohibits service disconnection and any interference with the tenant’s use. The tenant may seek police intervention and compensation if the landlord acts outside the process.
tenant refusing to vacate Dubai Legal Framework
Dubai Law No. 26 of 2007 regulates landlord and tenant relations. Law No. 33 of 2008 amended important provisions, including registration, notice, rent changes, and eviction.
Article 25 divides eviction into two groups. The first group covers eviction before the lease ends because of a qualifying breach or condition.
Nonpayment can support eviction when rent remains unpaid for 30 days after the landlord serves a payment notice, unless the parties agreed otherwise. The notice must be served through a notary public or registered mail.
Other in-term grounds include unauthorized subletting, illegal use, dangerous alterations, serious damage, misuse, and failure to cure contractual or statutory breaches within 30 days after notice.
For business premises, Article 25 also addresses unjustified vacancy for 30 consecutive days or 90 non-consecutive days in one year, unless the parties agreed otherwise.
The second group applies at lease expiry. It covers sale, personal use, use by a first-degree relative, demolition, reconstruction, or restoration that cannot occur while occupied.
These expiry grounds require notice of the reason at least 12 months before eviction. Service must be through a notary public or registered mail.
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Has the Lease Renewed
Lease expiry is not automatically an eviction ground. If the tenant remains without a landlord objection, Article 6 can extend the lease on the same terms.
The renewal is for the same period or one year, whichever is shorter. A landlord who lacks a valid Article 25 ground may therefore face a renewed tenancy.
Check whether the parties agreed an early-termination clause or another lawful exit route. A contract clause cannot replace mandatory statutory steps, but it may affect breach, notice, payment, or settlement analysis.
Check the notice date, stated reason, service method, and recipient. A notice can fail even when the landlord’s underlying concern is genuine.
Also review later communications. A renewal agreement, contradictory promise, or unclear acceptance of rent may create arguments about the parties’ position.
From Judgment to Physical Handover
Decree No. 26 of 2013 established the RDC and gives it jurisdiction over most Dubai rental disputes. Article 6 excludes free zones with their own rent tribunals and certain specialized contracts.
An eviction judgment does not authorize personal removal. Article 21 of the Decree assigns final RDC judgment enforcement to the Center’s Judgment Enforcement Directorate.
The RDC may seek support from the Execution Department of Dubai Courts. The execution file allows official notice, eviction steps, possession, and related enforcement orders.
The RDC’s current guidance states that an execution file generally opens after the appeal period. It also explains that parties may submit electronic requests in the execution file.
For an eviction execution request, current RDC guidance lists a fee equal to 1% of annual rent, capped at AED 5,000. Other announcement, agency, knowledge, and innovation fees may apply.
Fees and system requirements can change. Confirm the current amount in the RDC portal before filing or paying.
Appeal Risk and Timing
Article 18 of Decree No. 26 of 2013 gives 15 days to appeal from the day after an attended judgment hearing. If the losing party never appeared or defended, time runs from service.
Claims below AED 100,000 are generally final. Article 17 allows listed exceptions, including eviction judgments, jurisdiction errors, invalid representation, and specified evidence problems.
Financial appeals usually require the judgment debtor to deposit half of the judgment amount. The RDC chairman may waive or reduce that deposit in permitted circumstances.
Do not assume execution begins automatically when judgment arrives. Check whether the judgment is final, whether an appeal was filed, and what the execution department requires.
Practical Steps for the Landlord
- Identify the exact Article 25 ground and confirm that it existed when notice was served.
- Verify the notice period, wording, method, recipient, and proof of delivery.
- Check the current lease, amendments, Ejari record, and property ownership documents.
- Prepare a rent schedule through the expected filing date and keep updating it.
- File at the RDC if no eviction judgment exists.
- Open an execution file promptly after the judgment becomes enforceable.
- Arrange a formal handover record, meter readings, keys, and condition inspection.
- Preserve all communications and avoid threats, access restrictions, or service interruption.
Evidence and Documents Needed
The core file usually includes the latest tenancy contract and Ejari record. Add the title deed or documents proving authority to lease and litigate.
Include Emirates ID and passport records for individuals. A company should provide its current trade license, manager identification, and authority documents.
Attach the notarized or registered-mail notice, the service report, and proof showing when the notice period expired. Keep the complete notice, not only a delivery receipt.
Prepare bank statements, cheques, return memos, receipts, and a clear rent ledger. If damages are claimed, include dated photographs, inspection reports, invoices, and repair estimates.
For execution, add the enforceable judgment and any certificate or electronic status confirming finality. Provide accurate tenant contact details and the property’s access information.
The RDC’s official FAQ also lists an IBAN letter or bank statement for the claimant. It may request management contracts or powers of attorney when representatives act.
Common Mistakes and Risks
- Treating lease expiry as a sufficient eviction ground.
- Serving a 12-month notice by ordinary email or messaging application.
- Filing before the applicable notice or cure period expires.
- Requesting eviction without stating the specific legal ground.
- Assuming a notice has the same effect as a judgment.
- Waiting after final judgment instead of opening the execution file.
- Changing locks, blocking access, or cutting electricity, water, cooling, or maintenance.
- Removing belongings without an official inventory and direction.
- Ignoring rent that accrues while the case and execution continue.
- Making inconsistent renewal promises after serving notice.
Self-help creates serious exposure. The 2026 explanatory notes on Article 34 confirm that direct or indirect interference includes locks, barriers, threats, harassment, and essential service disruption.
The police may require the interference to stop and create an official report. That report may later support an RDC compensation claim for material or non-material damage.
Don’t Risk Your Eviction Claim
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How a Lawyer Can Help
A lawyer can test the ground before filing and identify notice defects while they can still be corrected. That review may prevent a rejected claim and another long notice period.
Counsel can draft precise remedies, including possession, unpaid rent, continuing rent, damages, fees, and interest where legally available. Each request should match evidence and jurisdiction.
A lawyer can also respond to a defense based on renewal, waiver, service defects, payment, or retaliatory eviction. After judgment, counsel can manage the execution file and handover steps.
Faris Raian and the team at Leaders Advocates can assess the case documents and the present procedural stage. No lawyer can guarantee an eviction date or outcome.
Relevant Legal Services
The closest services for this matter are tenancy dispute lawyers in Dubai, Dubai tenancy law legal services, and real estate lawyers in Dubai. The appropriate service depends on the facts, documents, forum, and remedy requested.
Relevant Success Story
Selected completed matters appear in the firm’s Success Stories archive. A prior result does not guarantee a similar outcome. Every matter depends on its facts, documents, evidence, procedure, and legal circumstances.
Ready to Recover Your Property?
Talk to Leaders Advocates on WhatsApp about filing your RDC eviction case or opening an execution file.
FAQs
Final Takeaway
A tenant refusing to vacate does not permit self-help. The safest route is a valid Article 25 ground, proper notice, an RDC judgment, and formal execution.
Review the lease, notice, service record, payments, and judgment status before acting. The correct next step always depends on the facts, documents, and current procedural position.
