Example: Non-Payment of Rent Eviction Process
Eviction for non-payment of rent follows a specific legal process in Dubai — different from evictions for personal use or sale. A landlord cannot simply terminate the tenancy for unpaid rent without first serving a formal payment demand and allowing 30 days. This example traces the full process.
Scenario
Scenario: A tenant in Business Bay has not paid the third-quarter rent cheque (AED 25,000) for 45 days after it was due. The landlord wants to apply for eviction. This example shows the proper legal steps the landlord must follow — and the defences available to the tenant.
The Example
Eviction Notices
THE NON-PAYMENT EVICTION PROCESS: STEP 1 — FORMAL RENT DEMAND (mandatory prerequisite): The landlord must first serve a formal written demand for payment, giving the tenant 30 days to pay. Example formal demand (via notarial notice or registered mail): "You are hereby formally notified that AED 25,000 in respect of rent for the period [dates] remains unpaid and overdue. You are required to pay this sum in full within THIRTY (30) DAYS of the date of this notice. Failure to pay within this period will result in an application to the RDSC for an eviction order." STEP 2 — 30-DAY GRACE PERIOD: The tenant has 30 days from the demand date to pay the full outstanding amount. If the tenant pays during this period, the eviction process ends and the tenancy continues. Partial payment does not satisfy the demand. STEP 3 — RDSC APPLICATION (if unpaid after 30 days): Only if the tenant has not paid within 30 days can the landlord file an RDSC application for eviction. The landlord must produce: • The formal rent demand served on the tenant (with proof of service) • Evidence that 30 days have elapsed without payment • The bounced or unpaid cheque (if applicable) • The Ejari tenancy certificate STEP 4 — RDSC CONCILIATION: The RDSC will schedule a conciliation session. At this stage, a tenant who pays the full arrears (including the filing fee) can often secure dismissal of the eviction application and continuation of the tenancy. TENANT DEFENCES: 1. Payment was made but landlord failed to record it — produce bank transfer evidence 2. Cheque bounced due to bank error, not insufficient funds — produce bank confirmation 3. Rent demand was not properly served — landlord must prove proper service 4. 30-day period had not elapsed when RDSC filed — check dates carefully 5. Outstanding maintenance failures give rise to set-off rights in certain circumstances KEY WARNING FOR TENANTS: Do not ignore a rent demand. The 30-day grace period is your safety window. If you can pay, pay immediately. If you cannot pay in full, contact the landlord and negotiate a written payment plan — a landlord who agrees in writing to a payment plan cannot simultaneously proceed with eviction.
Why This Works
The step-by-step structure mirrors the actual legal process — making this both an educational piece for tenants and a practical guide for what to expect at each stage.
Listing the tenant defences is high-value content that is often missing from generic guides. Many tenants with valid defences capitulate without realising they have grounds to contest.
The conciliation stage note is important: many non-payment cases that reach the RDSC are resolved at conciliation when the tenant pays. A tenant who is behind on rent but has the capacity to pay should prioritise doing so before the conciliation date.
Key Elements
- Four-step process: demand → grace period → RDSC → conciliation
- 30-day grace period as mandatory prerequisite
- Five tenant defences listed explicitly
- Payment plan as a strategic tool to pause eviction process
Frequently Asked Questions
Related Guides
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