# Eviction Notice not accepted by tenant



## rikatrd (Jul 26, 2014)

Hi,
I gave 12 months eviction notice to my tenant thru Notary in Barsha. 
Aramex located in Barsha Notary took it to tenant's address twice but found office closed. 
Today they (Aramex) returned original notice to me with a cover letter stating "not delivered because office closed."
Is the legal process for serving the notice completed ?
Thanks,
rikatrd


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## twowheelsgood (Feb 21, 2013)

I would say no, as you haven't actually delivered it.

Can they can deliver it when the office is open (which seems an obvious solution) ?


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## rikatrd (Jul 26, 2014)

twowheelsgood said:


> I would say no, as you haven't actually delivered it.
> 
> Can they can deliver it when the office is open (which seems an obvious solution) ?



Thanks a lot. Will it fulfill legal requirement if I send it by Registered Mail by EMPOST and also email them this notice along with receipt of registry?
Thanks


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## Felixtoo2 (Jan 16, 2009)

Why not deliver it to the property that's he's renting from you?


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## rikatrd (Jul 26, 2014)

Felixtoo2 said:


> Why not deliver it to the property that's he's renting from you?


Sir, as per Dubai laws, notice has to be served thru notary or by registered post.


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## Chocoholic (Oct 29, 2012)

rikatrd said:


> Sir, as per Dubai laws, notice has to be served thru notary or by registered post.


Yes, so what's the problem with having it delivered to the apartment? They'd still have to sign for it. If you send it to their office, anyone could sign for it, then technically it's not even received by them.

No, the email does not count. It's not classed as received until the tenant has actually signed for it.

Also have you stated one of the four reasons in Article 33, Law 26 for the 12 months notice? i.e. you or a family member are moving in, the property is being renovated or demolished etc - without one of the 4 reasons, your 12 months notice is illegal anyway.


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## rikatrd (Jul 26, 2014)

Chocoholic said:


> Yes, so what's the problem with having it delivered to the apartment? They'd still have to sign for it. If you send it to their office, anyone could sign for it, then technically it's not even received by them.
> 
> No, the email does not count. It's not classed as received until the tenant has actually signed for it.
> 
> Also have you stated one of the four reasons in Article 33, Law 26 for the 12 months notice? i.e. you or a family member are moving in, the property is being renovated or demolished etc - without one of the 4 reasons, your 12 months notice is illegal anyway.


Yes sir. I have mentioned in the notice that I want to sale the unit. And this is one of the acceptable reason as per Article 25 Clause 2(d) of Law 33 of 2008 of Govt. of Dubai.
IT READS "and for the purpose of clause (2) of this Article, landlord must notify tenant with reasons for eviction at least twelve months prior to the determined date of eviction subject that such notice be sent through the Notary Public or by registered mail."
The one sent thru Notary (attempted delivery by Aramex) not accepted by the tenant. Now same has been sent by registered post. I have the Empost acknowledgement. Will it be considered having delivered the notice as per law?
Thanx


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## LesFroggitts (Dec 30, 2013)

I very much doubt that anyone on here is going to give you a definitive legal opinion as to whether your actions meet the stipulated requirements. However there is an agency here in Dubai, you may have heard of them, called *RERA* who would be able to advise you appropriately.


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## Chocoholic (Oct 29, 2012)

The tenant can't not accept the notice. I think you need to call RERA about this one.


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## rikatrd (Jul 26, 2014)

LesFroggitts said:


> I very much doubt that anyone on here is going to give you a definitive legal opinion as to whether your actions meet the stipulated requirements. However there is an agency here in Dubai, you may have heard of them, called RERA who would be able to advise you appropriately.


Thanks for your co-operation and support.
I shall visit RERA just after Eid holidays of Govt. Depts.
Thanks again,
rika


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## de Mexicaan (Apr 16, 2012)

I believe the notice is not valid anymore if you haven't actually sold the property after the 12 months?


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## Chocoholic (Oct 29, 2012)

de Mexicaan said:


> I believe the notice is not valid anymore if you haven't actually sold the property after the 12 months?


Good point actually. You can sell a property with a sitting tenant. The new owner just honours the tenancy contract. No actual reason to give the tenant notice. Maybe this is why they're being difficult.


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