Stay of Eviction Proceedings Due to Non-Renewal of Lease
Court of First Instance
Judgment summary
A landlord filed a lawsuit against a tenant seeking to terminate a residential lease and evict the tenant, citing a desire not to renew the contract. The landlord's claims included vacating the property, paying rent arrears until the eviction date, and clearing all utility bills. The landlord submitted the notarized lease agreement and a legal notice of non-renewal as evidence. The tenant, despite being properly notified, did not appear in court. The court referenced Article 104 of the Federal Civil Procedure Law, which permits the stay of proceedings. It cited the existence of high directives to suspend eviction cases based on non-renewal or rent increases. Consequently, as the landlord's claim was based on non-renewal, the court ruled to stay the case in compliance with these directives. The decision on costs and fees was deferred until a judgment on the merits of the case is issued.
Judgment Staying Eviction Proceedings for Non-Renewal of Lease
Subject of the Lawsuit
A rental lawsuit filed by the lessor (plaintiff) against the lessee (defendant), requesting the following:
Termination of the lease agreement due to non-renewal.
Eviction of the leased property and its handover, vacant of occupants and belongings, in good and usable condition.
Obligating the lessee to pay outstanding rent from the lease expiration date until the actual date of eviction and handover.
Obligating the lessee to provide clearance for water, electricity, maintenance, and notice fees.
Obligating the lessee to pay fees and expenses.
Key Facts
A notarized lease agreement exists between the two parties for a residential apartment in Abu Dhabi.
The contract term was approximately from 26/04/2025 to 25/04/2026.
The rental value stated in the document is AED 60,637 for the rental period.
The lessor legally notified the lessee on 26/09/2025 of her intention not to renew the lease, demanding the property be vacated upon the contract's expiration.
According to the lawsuit, the lessee did not vacate the property after the contract expired, which prompted the lessor to file the suit.
Documents Submitted by the Lessor
The lessor attached supporting documents for her claim, including:
A copy of the notarized lease agreement.
A copy of the legal notice.
The economic license.
Court Proceedings
The lessor's representative appeared and requested the case be referred and its hearing continued. The lessee did not appear, despite being notified according to the details in the lease agreement. Upon hearing the case, the court reserved it for judgment.
Legal Basis Relied Upon by the Court
The court referred to Article 104 of the Federal Civil Procedure Law No. 42 of 2022, which allows the court to stay proceedings if it determines that the decision depends on the resolution of another matter.
It also noted the existence of high directives to stay cases related to eviction for non-renewal or due to an increase in rental value.
Since the lessor based the eviction request on her desire not to renew the lease, the court found that the lawsuit falls within the scope of those directives.
As for the expenses, the court decided to defer the ruling on them until a judgment is issued on the merits of the case, pursuant to Article 133 of the Civil Procedure Law.
The Court's Ruling
The court ruled to stay the lawsuit in implementation of the high order, and deferred the decision on fees and expenses.
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