I rent a house in Jumeirah Park and was given a legal eviction notice one day after renewing my tenancy contract. This was after refusing the requested rent increase by the landlord. The reason for the eviction is the landlord’s desire to sell the house. I can appreciate that, and I was under the impression that I indeed had to leave 12 months after the date of the legal notice. Now the market has gone into decline and the landlord has not been able or willing to sell the house. It is now almost four months past the “eviction notice date” and I have been paying rent each month. My landlord still wants to sell the property and therefore states that he does not want to sign any agreement that renews the lease. So am I now living in the house without any legal basis, or has the lease automatically been renewed? And can the landlord claim to have an eviction note in place for an unlimited amount of time? Or is there an expiration period of sorts? TM, Dubai
Let me try and put your mind at rest. My understanding is that these notices are not “open ended” and that there has to be a beginning, middle and end. The first thing to point out is that the 12 months’ notification to vacate for reason of selling has to be served to you upon expiry of your tenancy agreement for it to be legal. Given your landlord served this notice after the new tenancy had started, even just one day later, I can confirm that, as per the law, it is not legal. So even if he sells the property, for you to be evicted legally, he would have to wait until just before it expires again (next year) to serve you your new 12 months’ notice to vacate. This notification would also have to be sent either via notary public or registered mail. The other most important point is to confirm that a tenancy agreement does automatically renew so even though he refuses to sign a new agreement, legally a new agreement on the same terms and conditions as before is in fact in place. Given the above, you are now armed with new information to request the owner complies with the law and fulfils his responsibilities to you as his landlord.
I was about to start apartment hunting as I was issued a legal notice last year to vacate my apartment, but I have just received a 90-day renewal notice from the agent. Is the legal notice still valid now that they have sent me a renewal email? SH, Dubai
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.
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