I have an apartment in Ritaj, Dubai Investment Park. We rented it out via a real estate company last May. It then sublet the apartment to a tenant at a lesser rent than the market rate and charged the remaining amount to them as processing fees. The real estate company then closed down and the cheque issued to us bounced. We understand the tenant has the right to stay in the apartment until the end of the contract. My question is – is it mandatory for us to renew the tenancy contract with the same tenant for the second year? We do not wish to continue with the existing tenant as we do not like him. Can we give an eviction notice to him? SB, Dubai
a Unfortunately you cannot evict a tenant just because you don’t like him. You are in a difficult situation because presumably the rental figure on his agreement is much lower than the going rate. Your only recourse is to give 90 days’ notice that you will be increasing the rent (as per the Rera rental calculator). If he doesn’t agree, you can then open a case at the rental committee. There are a few reasons that you can request eviction of your tenant, but I do not believe any apply to your situation. Remember that the tenant has done nothing wrong.
I recently emailed my landlady to request she prepare the rental agreement for renewal. She replied saying she has sent me a notice through the notary public and wants to evict me. I emailed her stating that I had not received any notice. She emailed what transpires to be (after translation) a notice which is stamped by the notary public the day after I last renewed the contract, with a standard Aramex slip. However, the slip does not have my name or address on it, and nothing was delivered to me until now (by email one month prior to renewal). So is a notary public notice sufficient to evict me? RG, Dubai
For the 12 months’ notification notice to be legal, it has to be sent via notary public or registered mail. The fact that the notice did not contain your details and you never received it means this notice has to be contested. When the registered mail company is not able to hand the notice to the recipient, it normally pastes it on to the property door. My advice would be to insist the landlady renews the contract. If she insists on wanting to evict you, then either you or she should open a case at the rental committee. The outcome will be determined by the rental judges and while I cannot confirm what will happen, I believe you have enough going for you to be granted another year.
I am a landlord of an apartment in Dubai. My tenant failed to honour a rental cheque in February and his whereabouts is not known. Even his wife in India is not aware where he is. I understand my tenant's friends are staying in my apartment. What do I need to do to cancel the tenancy contract and evict my tenant? BS, Dubai
As per law 33 of 2008, you will be entitled to evict your tenant prior to the expiry of the tenancy agreement. Under article 25, section 1 (a), this states, if a tenant fails to pay rent value or part thereof within 30 days of the landlord’s notification for payment. Before you can legally evict him, you must request notarised documentation from the courts, addressed to the tenant. This needs to be delivered to the property. The courier company will most likely paste it on the door, as this is then deemed delivered. The notification has to state that you are giving him 30 days to pay his rent in cleared funds. If after 30 further days he has not paid, then you can file a case at the rental committee with the 30 days’ notification expired as proof you have abided by the law. It will then advise you as to the next steps.
Mario Volpi is the managing director of Ocean View Real Estate and has worked in the industry in the emirate and in London for the past 30 years. Send any questions to mario@oceanviewdubai.com
The advice provided in our columns does not constitute legal advice and is provided for information only. Readers are encouraged to seek appropriate independent legal advice
