A tenant who failed to pay rent even once since the start of a commercial tenancy agreement was ordered to vacate a property in Dubai’s Business Bay, despite attempting to settle Dh2.415 million in outstanding rent after the legal deadline had expired.
The Dubai Rental Disputes Centre (RDC) ruled that the tenant’s attempt to pay the overdue amount after the statutory 30-day period had expired did not prevent eviction.
According to details of the case, the dispute involved a commercial tenancy agreement with a total rental value of Dh2,415,000 that had not been paid over the course of eight months.
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The tenant had failed to make any rental payments from the beginning of the tenancy, leaving the entire amount outstanding.
Landlord issues 30-day legal notice
Following the non-payment, the landlord initiated the prescribed legal procedures and served the tenant with a formal notice demanding payment of the outstanding rent or vacation of the property within 30 days from the date the notice was served.
However, the tenant failed to settle the amount within the specified period.
During the proceedings, the tenant submitted a certificate showing an offer and deposit of the outstanding rent, seeking to demonstrate a willingness to fulfil the payment obligations.
The First Instance Committee found that the offer and deposit had been made after the statutory deadline had expired.
As a result, the committee determined that the subsequent attempt to settle the rent had no legal effect in preventing eviction.
What does Dubai rental law say?
In its ruling, the committee referred to Dubai Law No. 26 of 2007, as amended by Law No. 33 of 2008, which regulates the relationship between landlords and tenants in the emirate.
Under the legislation, landlords may seek eviction if tenants fail to pay rent within 30 days of receiving the required legal notice.
The committee affirmed that failure to settle the outstanding rent within the prescribed period entitled the landlord to pursue eviction, regardless of subsequent payment attempts made after the deadline.
Tenant ordered to pay additional rent
The committee ordered the tenant to vacate the commercial premises and hand over the property free of occupants and belongings.
The tenant was also ordered to pay any additional rent accruing at the applicable annual rate until the actual eviction date, along with the relevant fees and costs.
The ruling highlights the importance of complying with statutory deadlines in rental disputes, as attempts to settle overdue rent after the prescribed period may not prevent eviction.
It also serves as a reminder that tenants facing legal notices over unpaid rent should act within the specified timeframe to avoid potential legal consequences.
Source: Khaleej Times