Eviction for Personal Use in Dubai
One of the four grounds on which a Dubai landlord can recover a property when the tenancy expires is that the owner, or a first-degree relative, wishes to use it personally. It is not an automatic right: the owner must not already own a suitable alternative, must give at least twelve months' notarised notice, and — once the property is recovered — is barred by Article 26 from re-letting it to a new tenant for two years if it is residential, or three years if it is not. Break that bar and the evicted tenant may claim fair compensation. This pillar explains the ground, the notice, and the re-letting restriction that gives it teeth.
- An Article 25(2) on-expiry ground — not a reason to evict during the term
- Owner or first-degree relative, and only if no suitable alternative is owned
- 12 months' notice, served by Notary Public or registered mail
- Article 26 re-let bar: 2 years residential, 3 years non-residential
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What personal-use eviction actually is
Personal-use eviction is the right of a Dubai owner to recover a property when the tenancy expires so that the owner, or a first-degree relative, can use it — one of the four on-expiry grounds in Article 25(2) of Law No. 26 of 2007, and available only when the owner has no suitable alternative and gives twelve months' notarised notice.
The landlord and tenant relationship in Dubai is governed by Law No. 26 of 2007 as amended by Law No. 33 of 2008. That law draws a firm line between eviction during the term of a running contract, which is breach-based, and eviction on expiry, which is not. Personal use sits on the on-expiry side: the tenant has done nothing wrong, and the owner is simply exercising a limited statutory right to take the property back for a genuine purpose once the contract has run its course.
Because the ground does not depend on any fault, the law surrounds it with safeguards that protect the sitting tenant. The owner must not already own another property suitable for the same purpose; the notice period is a full year, not a few weeks; the notice must be served formally through a Notary Public or by registered mail; and after the owner takes possession, Article 26 restricts re-letting the property to a new tenant. Those conditions are what separate a lawful personal-use recovery from a pretext used to remove a tenant and re-let at a higher rent.
This page walks through each of those elements in turn: who counts as the owner or a first-degree relative, the no-suitable-alternative condition, exactly how the twelve-month notice must be served, and — the part landlords most often overlook — the Article 26 re-letting bar of two years for residential property and three years for non-residential property, with fair compensation if it is breached.
The conditions that make it lawful
- The owner or a first-degree relative
- The property must be recovered for the owner's own use or that of a first-degree relative — the closest degree of kinship, understood in practice as parents and children. Recovery for a distant relative, a company, or an unnamed future occupant does not fit the ground.
- No suitable alternative owned
- The ground applies only if the owner does not already own another property suitable for the intended purpose. An owner with a second, fitting property cannot use this ground to displace a tenant from the leased one.
- Twelve months' notarised notice
- The owner must notify the tenant of the reason at least twelve months before the eviction date, served through a Notary Public or by registered mail. A shorter or informal notice does not satisfy Article 25(2).
- Timed to expiry, not mid-term
- This is an on-expiry ground. It recovers the property at the end of the contract term; it is not a way to cut a live contract short. During the term, only the separate breach grounds in Article 25(1) apply.
The twelve-month notice and how it must be served
For every on-expiry ground, including personal use, Article 25 requires the owner to notify the tenant of the reason at least twelve months before the eviction date, and to serve that notice through a Notary Public or by registered mail. This is a substantive condition, not a formality. The purpose is certainty: a notarised notice or a registered-mail record fixes what was said, to whom, and when, which becomes decisive if the case later reaches the Rental Disputes Centre.
A valid personal-use notice should name the property and the tenant to match the Ejari contract, state clearly that recovery is for the owner's or a named first-degree relative's personal use, and make clear that the eviction is timed to the contract's expiry. A message sent only by email, text, or a casual letter is commonly challenged as improperly served, and a notice that hides the real reason — or gives one reason and later relies on another — invites the same challenge.
Article 26: the re-letting bar and compensation
The personal-use ground would be easy to abuse without a consequence attached, so Article 26 supplies one. Where a tenant is evicted so the owner can use the property personally, the owner may not re-let it to a new tenant before at least two years have passed for residential property, or three years for non-residential property, calculated from the date the owner retakes possession. The rule exists to stop the ground being used as a cover for simply replacing one tenant with another at a higher rent.
If the owner breaches the bar and re-lets too early, the remedy belongs to the evicted tenant: they may ask the Rental Disputes Centre to award fair compensation. The law does not fix that compensation as a formula or a set sum; it is assessed by the Centre in light of the circumstances of the case. What the tenant needs is evidence that the property was re-let inside the protected period rather than genuinely used as the notice stated — which is why the original notice, its stated ground, and the timing of any new tenancy all matter.
Residential vs non-residential: what changes
Residential property
- Personal use typically means the owner or a first-degree relative living in the home
- Article 26 re-letting bar: at least two years from retaking possession
- Same 12-month notarised notice and no-suitable-alternative condition
- Re-letting inside the two years may expose the owner to a fair-compensation claim
Non-residential property
- Personal use typically means the owner occupying or operating the premises themselves
- Article 26 re-letting bar: at least three years from retaking possession
- Same 12-month notarised notice and no-suitable-alternative condition
- Re-letting inside the three years may expose the owner to a fair-compensation claim
The three stages, and what each side must know
| Stage | What the owner must do or show | What it means for the tenant |
|---|---|---|
| Notice (at least 12 months before the date set for eviction) | State the personal-use reason and serve by Notary Public or registered mail | The tenancy continues; rent stays payable; a full year to plan the move |
| Recovery (on expiry) | Have no suitable alternative property and a genuine personal-use purpose | If the tenant does not vacate, the RDC decides; rent runs until a final award |
| Re-let bar (after possession) | Not re-let to a new tenant for 2 years (residential) or 3 years (non-residential) | If breached, the evicted tenant may claim fair compensation at the RDC |
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A notice is served — but you are still the tenant
Receiving a personal-use notice does not end the tenancy on the day it arrives. The contract runs to its expiry date and the tenant keeps the same rights and duties until then, including paying the rent. If an eviction claim is later filed, Article 31 is explicit that the claim does not exempt the tenant from paying rent, which remains due until a final award is issued and executed. Withholding rent because a notice arrived usually weakens the tenant's position instead of protecting it.
How it runs, step by step
Confirm the ground genuinely applies
The owner confirms the property is wanted for their own or a first-degree relative's use and that no suitable alternative property is owned.
Draft and serve the 12-month notice
A notice stating the personal-use reason is served through a Notary Public or by registered mail, at least twelve months before the eviction date tied to expiry.
The year runs; the tenancy continues
Throughout the notice period the contract stays in force, rent remains payable, and the tenant arranges the move. The notice fixes the ground that must be relied on.
File at the RDC if the tenant stays
If the tenant does not vacate on the eviction date, the owner files an eviction claim at the Rental Disputes Centre with the notice and proof of service.
Conciliation, committee, then execution
The claim is first evaluated for amicable settlement; if unresolved a First Instance Committee decides it, with a route of appeal, and any award is enforced through the Centre's execution department.
The re-letting bar begins
Once the owner retakes possession, the Article 26 period starts: two years for residential property or three years for non-residential, during which re-letting to a new tenant risks a compensation claim.
What a valid personal-use notice contains
- The personal-use ground stated plainly under Article 25(2)
- The intended user named — the owner or a first-degree relative
- Service at least twelve months before the eviction date tied to expiry
- Delivery through a Notary Public or by registered mail, with the record kept
- The tenant and property identified to match the Ejari contract
- Awareness of the Article 26 re-letting bar that follows recovery
Common mistakes on both sides
The mistakeUsing personal use to evict during the contract term.
The fixIt is an on-expiry ground under Article 25(2); a live contract can only be ended early on the separate breach grounds in Article 25(1).
The mistakeServing the notice by email or WhatsApp only.
The fixArticle 25 requires service through a Notary Public or by registered mail; informal channels are commonly challenged as invalid.
The mistakeRecovering for personal use while owning another suitable property.
The fixThe ground applies only where the owner has no suitable alternative property for the intended purpose.
The mistakeRe-letting to a new tenant soon after recovering the property.
The fixArticle 26 bars re-letting for two years (residential) or three years (non-residential); the evicted tenant may claim fair compensation.
The mistakeThe tenant stopping rent because a notice arrived.
The fixArticle 31 requires the tenant to keep paying until a final award is issued and executed; non-payment weakens the tenant's case.
How this plays out in practice
A landlord wants the apartment back for their son to live in.
What is usually neededA 12-month notice served by notary or registered mail, stating personal use by a first-degree relative, confirmation that no suitable alternative property is owned, and awareness that the two-year residential re-letting bar begins once possession is taken.
An owner recovers a shop to run their own business, then re-lets it a year later.
What is usually neededFor non-residential property the Article 26 bar is three years; re-letting after only one year is inside the protected period, so the evicted tenant may ask the RDC for fair compensation.
A tenant receives a personal-use notice but suspects the owner just wants a higher rent.
What is usually neededKeep the notice and note the date. If the property is re-let to a new tenant inside the two- or three-year bar rather than genuinely used, that fact supports a fair-compensation claim before the Rental Disputes Centre.
A landlord served an eight-month notice by email.
What is usually neededBoth the timing and the channel are defective: the notice is shorter than twelve months and was not served by notary or registered mail, so it is open to challenge and a fresh, compliant notice would be needed.
A personal-use eviction runs on the same twelve-month notice, and it has to be served through a Notary Public or by registered mail to count.
Have the notice prepared and notarisedEviction for personal use: what has to be proved
What we prepare
Tenancy contracts and addenda, legal notices for notarisation and service, statements of claim and their annexes, evidence bundles, payment and cheque records, and judgment and execution papers.
Arabic is not optional
Proceedings before the Centre are in Arabic. A contract, notice or receipt in any other language is filed with a legally recognised Arabic translation — which is the work MANJAZ is accredited to do.
Free review, free quote
Reviewing your file and quoting for the work are both free. The Centre charges a registration fee of 3.5% of the annual rent, with a minimum of AED 500 and a maximum of AED 20,000 — that fee is paid to the Centre, not to MANJAZ. Our own quote is given once we have seen the file.
The language your documents are in
Arabic and English are the core pair, with 21 documented languages in all — so a tenancy contract, notice or receipt in any of them can be put into the Arabic the Centre requires.
Handled remotely
Documents are sent, reviewed and returned electronically — there is no counter to attend and no appointment to keep for the preparation and translation work. Where a step genuinely requires you in person, such as a notary attendance, we say so and tell you what to bring.
Before you file
Most rental cases are lost on the paperwork, not the merits — a notice served the wrong way, a contract that was never registered in Ejari, a deadline that had already run. We check those first, because they cannot be fixed afterwards.
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Reviewing your file and telling you what it needs costs nothing and commits you to nothing. MANJAZ Corporate & Translation Services L.L.C. — a Dubai practice that prepares documents and provides legal translation under UAE Ministry of Justice accreditation. On Dubai rental disputes we also give legal consultation, act for you, and represent you before the Rental Disputes Centre committees. MANJAZ is not a court and not a government body, and never guarantees an outcome.
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Questions and answers
No. The Article 26 bar is attached to the personal-use ground: where the owner recovered the property for their own use or that of a first-degree relative under Article 25(2)(c), it may not be re-let to a new tenant for two years if residential, or three years if not. An eviction on one of the other Article 25(2) grounds — sale, demolition and reconstruction, or works the property cannot be occupied during — does not trigger that bar. Each ground still carries its own conditions, and all of them need the same twelve months' written notice served through a Notary Public or by registered mail.
Yes, but only on expiry and under conditions. Personal use by the owner or a first-degree relative is one of the four on-expiry grounds in Article 25(2), available only where the owner owns no suitable alternative and gives twelve months' notice served by a Notary Public or registered mail.
At least twelve months before the eviction date. The notice must state the reason and be served through a Notary Public or by registered mail; a shorter period or an informal channel does not satisfy Article 25(2).
The term refers to the closest degree of kinship, understood in practice as the owner's parents and children. Recovery for a more distant relative does not fit the personal-use ground, and the Rental Disputes Centre decides any dispute about who qualifies.
Two years for residential property and three years for non-residential property, measured from when the owner retakes possession. Article 26 sets these periods, and re-letting to a new tenant before they pass may entitle the evicted tenant to fair compensation.
Fair compensation assessed by the Rental Disputes Centre. The law does not fix a formula or a set amount; the Centre decides it in light of the circumstances, so the tenant needs evidence that the property was re-let inside the protected period rather than genuinely used.
No. The contract continues to its expiry date and the tenant keeps all the usual rights and duties until then, including paying rent. Article 31 confirms that even after an eviction claim is filed the tenant must keep paying until a final award is issued and executed.
No. The 90-day notice under Article 14 only varies the terms or the rent at renewal and does not evict anyone. A personal-use eviction uses the separate 12-month notice under Article 25(2), which recovers the property at the end of the term.
Where MANJAZ fits in
MANJAZ is a publisher and service provider, not a court and not a law firm, and it never guarantees a particular result. What we do is practical: review the notice and the tenancy file against the Article 25(2) requirements, help prepare and organise the documents each party needs, arrange certified and legal translation where the file must move between Arabic and other languages, and follow up procedures at the Rental Disputes Centre.
Whether you are an owner who wants to recover a property for personal use correctly — with the right ground, the right notice, and an eye on the Article 26 re-letting bar — or a tenant who has received a notice and is unsure whether it was properly served or genuinely meant, the value is in getting the details right early. Small errors at the notice stage, and the timing of any later re-letting, are what most often decide a case.
Official sources
- Dubai Legislation — Law No. 26 of 2007 (landlord & tenant) — original text; Arts 2, 3, 4, 9, 13, 14, 15, 25, 26, 29, 36 amended by Law 33/2008
- Dubai Legislation — Law No. 33 of 2008 amending Law 26/2007
- Dubai Legislation — Decree No. 26 of 2013 (Rental Disputes Centre)
- Rental Disputes Centre — About the Centre
This content is for general information and awareness. It is based on the legislation and official sources available at the time of the last review, and procedures may differ according to the facts of each case and updates issued by the competent authorities. It is not legal advice, and MANJAZ is the publisher of this explanation, not the authority that issued the legislation.
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