Can My Landlord Send an Eviction Notice via WhatsApp?

In the dynamic landscape of property rental in the United Arab Emirates (UAE), a recent question has arisen: Can a landlord send an eviction notice to a tenant via WhatsApp? This seemingly simple query has significant implications for both landlords and tenants, as it delves into the legality of eviction notices and the rights of parties involved in property rental agreements.

In this blog post, we will explore this intriguing issue that has caught the attention of many tenants in the UAE. We will navigate through the tenant’s specific situation, the legal requirements for eviction notices, and the implications of not receiving a signed rental contract. Furthermore, we will shed light on the concept of automatic renewal of tenancy contracts and provide practical advice on dealing with such situations.

Understanding the legal intricacies of eviction notices and rental agreements is crucial for both landlords and tenants, as it ensures a fair and transparent rental process in the UAE. So, let’s embark on this journey to unravel the complexities surrounding eviction notices via WhatsApp and empower you with the knowledge you need in the realm of UAE property rental.

Tenant’s Query

To grasp the full extent of the issue surrounding eviction notices sent via WhatsApp, let’s delve into the specific situation presented by the tenant.

The tenant, who has been renting an apartment since 2019, encountered a delay in the renewal of the rental contract. The renewal was initially scheduled for May 25; however, the landlord, who was out of the country, only provided the new contract on August 19.

In response, the tenant promptly signed the contract and initiated the payment for the new rent as agreed upon. Despite the tenant’s proactive approach, the landlord has not signed the contract up to the present date.

The plot thickens as the tenant receives a Dubai Court notary notification via WhatsApp, instructing them to vacate the property within 12 months. The reason cited by the landlord is their intention to sell the apartment, indicating a lack of willingness to renew the lease.

This situation raises several critical questions for the tenant, which we will address in the subsequent sections of this blog post:

1. Is it legally permissible for a landlord to send a Dubai Court notice via WhatsApp?
2. In the absence of a signed contract from the landlord’s side, and with continuous payment of the new rent, what does the law stipulate?
3. Should the tenant consider the increase in rent mentioned in the unsigned contract, or can they continue paying the previous rent amount?
4. What does the 12-month eviction notice entail, and how does it affect the tenant’s rights and timeline for vacating the property?

Legal Requirements for Eviction Notices

Understanding the legality of eviction notices in the United Arab Emirates (UAE) is essential for both landlords and tenants. In the tenant’s case, who received an eviction notice via WhatsApp, it is crucial to know the legally recognized methods for serving such notices.

In the UAE, for a 12-month eviction notice to be legally valid, it must be served following specific procedures, as outlined by the law. These procedures are in place to protect the rights of both landlords and tenants and to ensure that any eviction is carried out within the bounds of the law. Here are the legally recognized methods for serving eviction notices in the UAE:

1. Registered Mail: One of the accepted methods for serving an eviction notice is through registered mail. This involves sending the notice via postal services, with proof of delivery and a receipt as evidence that the notice has been sent to the recipient. Registered mail is a formal and documented way of notifying tenants about the eviction.
2. Notary Public: Another legally recognized method for serving eviction notices in the UAE is through a notary public. A notary public is a legal officer who can authenticate and witness documents, including eviction notices. Serving the notice through a notary public adds an extra layer of formality and legality to the process.

These methods are in place to ensure that tenants are informed of their impending eviction in a legally sound and documented manner. It’s important to note that sending a notification via WhatsApp, as in the tenant’s case, is not one of the recognized legal methods to inform a tenant that they are being served a 12-month eviction notice to vacate the property.

Automatic Renewal of Tenancy

In the UAE, the absence of a signed rental contract does not necessarily mean that a tenant’s rights are disregarded or that the rental agreement is automatically terminated. The law recognizes the principle of automatic renewal of tenancy contracts to protect the interests of tenants when there is no communication between the landlord and tenant regarding contract renewal.

Here’s how the automatic renewal process typically works:

1. Lack of Communication: If the landlord and tenant do not engage in any formal communication regarding the renewal or termination of the tenancy contract, the existing contract is presumed to be renewed automatically under the same terms and conditions.
2. Continuation of Rental Terms: This means that all the terms and conditions of the previous rental contract remain in effect. This includes the rental amount, duration, and other provisions unless both parties agree to make changes.
3. Payment of Rent: The tenant continues to pay the rent as specified in the previous contract, even if there is a delay in renewing the contract. In the absence of a new agreement, the tenant can use the terms of the previous contract as a basis for rent payment.

In the tenant’s case, where the landlord has not signed the new contract but has accepted rent payments, the principle of automatic renewal likely applies. This means that the tenant can continue paying the rent as specified in the previous agreement until a new contract is formally agreed upon and signed.

It’s important to note that if there were any verbal agreements between the landlord and tenant regarding an increase in rent upon renewal, the tenant should consider using this amount when making rent payments to demonstrate willingness to cooperate.