Can a landlord evict a tenant before tenancy contract ends?

I rented out my villa in Dubai last year. A month ago, I sent a letter to the tenant informing him that I don’t want to renew the tenancy contract. The tenant replied that he will not vacate my villa. Under what circumstances does an owner/landlord have the right to force a tenant to vacate the premises? According to Article 25 of the Dubai Rental Law No 26 of 2007, which deals with eviction states that a landlord may evict a tenant prior to the expiry of tenancy period in the following cases:

■ Failure to pay rent, or part thereof, within 30 days of landlord’s notification.

■ Subleasing the property, or part without landlord’s written approval.

■ Using property for illegal activities.

■ Causing changes that endanger safety of the property in a way that it cannot be restored to its original condition, or causing damage to the property intentionally, or due to negligence, or allowing others to use property negligently.

■ Using the property for purposes other than what it was leased for, or violating planning, building and land using regulations.

■ If the property is in danger of collapse, provided that the landlord has a technical report attested by the Dubai Municipality.

■ If the tenant fails to observe legal conditions within 30 days from the date of notification by the landlord to abide by such obligations or conditions.

A landlord may also evict a tenant upon expiry of tenancy contract in the following cases:

■ If the property needs to be demolished or reconstructed in accordance with government regulations.

■ If the property requires renovation or comprehensive maintenance which cannot be executed while tenant is occupying the property, provided a technical report attested by Dubai Municipality is submitted to this effect.

■ If the landlord wishes to demolish the property for reconstruction or to add new constructions ■ thereof, that prevent tenant from benefiting from the leased property, provided that necessary licenses are obtained.

■ If landlord wishes to recover the property for use by him personally or by his next of kin of first degree.

However, in all the above cases, a landlord is required to notify a tenant with reasons for eviction at least 90 days before the tenancy contract expires.

Resignation on health grounds

■ I have been working as a site engineer in a company in Dubai since May 2017. The employment visa was attached to passport on June 2017 and is valid till June 2019. Due to some medical reasons I had to leave the company, all the checkups were done via health insurance. The medical documents were handed over to the company as well. I requested the company to allow me to resign as I am unfit for the job. They told me not to resign then, saying they will accept my resignation if I am not willing to rejoin. My company allows me to be off work for six months to go to my home country for treatment. One month ago I mailed the company from my home country that I am not planning to rejoin and hence asked them to proceed with my resignation. I have already submitted my ID and health insurance card to the company but the passport is still with me. Does the company require my passport or signature for terminating my service and cancelling my visa? Will I get a ban even if the resignation is on medical grounds?

The questioner must send his passport along with medical documents to his employer in order to be cancelled legally. The ministry will verify the medical documents and decide regarding the ban.

■ Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.