Abu Dhabi judiciary receives dozens of eviction requests from landlords

New regulations in Abu Dhabi that fast-track eviction notices over rental disputes “serve the rights” of landlords and tenants, a leading judge said.

The rental dispute settlement committee, overseen by the Abu Dhabi Judicial Department, can issue judgments that could lead to tenants being removed from their homes in a matter of days.

Landlords can now directly bring in enforcement agents to reclaim unpaid rent or evict the occupant if they fail to pay the outstanding amount.

Since the regulations were introduced, the judicial department received dozens of requests for eviction orders.

The rental dispute committee said it would issue decisions in a minimum of two days and a maximum of three weeks.

At present, landlords have to go through a lengthy legal process lasting up to six months before they can trigger an enforcement notice.

The intention is to quickly resolve disputes where a party is clearly at fault as well as shorten legal proceedings and appeals.

Adil Elachabi, an appeals judge and enforcement manager at Abu Dhabi Judicial Department, said the streamlined system will reduce the time it takes to make decisions.

“The process has been sped up to save time, yet it serves the rights of the tenant and the landlord,” Mr Elachabi said.

The tenant is given a chance to pay the disputed rent within 30 days after the landlord has filed the complaint.

If the tenant claims that they have already paid, they will have the opportunity to present proof, such as bank statements, to a judge. In either instance, the case against the tenant would then be dismissed.

But if the tenant fails to prove payment and refuses to supply the rent within the given period – or simply does not show up to court when summoned – the court issues an eviction order when the 30 days are over.

When the order is issued, the tenant is granted three days to leave the property.

If the leased property was used for commercial purposes such as offices, factories or shops, the tenant is given 21 days to pay, plus the three-day notice period.

“If the tenant pays the due amount in court the case will be resolved immediately, but if he pays it through a different channel he will have to present proof,” Mr Elachabi said.

“After the judge listens to both parties, a decision is issued. Why waste the time of judges, clerics and many other parties over a dispute between two people that could be resolved easily?”

The eviction order is subject to appeals and reversal.

Why waste the time of judges, clerics and many others over a dispute between two people ADIL ELACHABI Appeals judge