Ask for the law: can the landlord request eviction if the tenant refuses to vacate the property at the end of the rental agreement?
Eviction of the tenant
Question: A year ago I rented a semi-detached villa and mentioned in the lease agreement, which ends in December 2021, that the tenant has to vacate at the end of the contract, because I want the villa for my personal use . However, the tenant currently refuses to comply with this condition and refuses to vacate the villa. My question is, do I have a legal right to take legal action against the tenant for eviction and non-renewal of the contract? What are the legal procedures that must be followed in this case?
Responnse: The grounds for eviction, as set out in Article 25 of the Law Regulating Landlord-Tenant Relations in the Emirate of Dubai, Law No.26 of 2007, as amended by Law No.33 of 2008 , state: at the end of the rental contract, the owner can request the eviction of the tenant only in one of the following cases:
A) When the owner of the property wishes to demolish the property to rebuild it or add any new construction that will prevent the tenant from using the property, provided that the required permits are obtained from the competent entities.
B) When the property is in a condition requiring restoration or full maintenance which cannot be carried out in the presence of the tenant, provided that the condition of the property is verified by a technical report issued or attested by the Municipality of Dubai.
C) When the owner of the property wishes to take possession of it for his personal use or for the use of one of his relatives in the first degree, provided that the owner proves that he does not have another property suitable for such purpose .
D) When the owner of the property wishes to sell the leased property.
For the purposes of this article, the landlord must inform the tenant of the reason for the need for the eviction 12 months before the date set for the eviction, provided that this notice is issued by a notary or by registered mail.
Paid annual leave
Question: I have been working in a private company for two years. It is mentioned in my internal contract that my salary is 1000 Dh plus commission. My monthly salary can exceed 12,000 Dh, commission included. It is also mentioned in my internal contract that I am not entitled to paid annual leave. My question is: Do I have the legal right under UAE labor law to request paid annual leave? Second, in the event of resignation from this company, how will the end-of-service indemnities be calculated, given that my base salary is not specified in my internal contract? He only says that my total salary is 1000 Dh (excluding commission). Finally, do I have the right to claim a repatriation ticket in the event of resignation from the company? Please advise
Responnse: First, you deserve paid annual leave, as well as a repatriation ticket, because both are rights granted to the worker under UAE law and the employer has no right to deny these rights to a worker. . Any agreement which contravenes the rights recognized by the law to the worker is considered null and void. The text of Section 7 of the UAE Labor Law states that any agreement which deprives the worker of his or her rights or waives those rights as set out in the Articles of the Labor Law or included in employment contracts. work when establishing the employment relationship is void. agreement – even if such an agreement is made with the consent of the worker.
Second, the commission should be viewed as a salary or part of the salary that is paid to the worker in exchange for his work and should be included in the base salary. Therefore, it must be taken into account when calculating the months of paid leave and also when calculating end-of-service allowances. Indeed, this commission is a form of salary and not a substitute. The calculation of the end-of-service indemnity for those working on commission is equal to the average salary received for the actual working days during the six months preceding the worker’s separation from service. If the worker’s salary or part of it is not a lump sum, but in the form of an amount related to the volume of production and the amount of output of the company, then it is not fair to consider the amount owed to the worker in the last month of his service as the basis for calculating the end-of-service indemnity, because this amount does not faithfully reflect his salary.
Thus, the average remuneration of the last six months must be considered in the calculation of the end-of-service allowance, so that this period is subject to the authority of the court of first instance according to the circumstances of the case.