I own an apartment in Dubai, in which I currently live. I plan to leave the city and wish to rent out my property.
However, I want the option of returning in a year and moving back into the flat. Because the duration of a tenancy contract is one year, I thought this would be simple by serving the tenant three months’ notice prior to the lease expiry.
However, I hear that if I want my tenant to leave when the 12-month lease ends, I need to provide a 12-month eviction notice. Therefore, to abide by the law and keep my options open, am I required to simultaneously sign a 12-month lease and serve a 12-month eviction notice? ES, Dubai
Under normal circumstances and due to different interpretations of the law, you can either sign up a tenant and immediately serve them with a 12-month eviction notice or find a tenant and serve them the 12-month notice upon expiry of the tenancy agreement one year later, thus giving them two years in your property.
While the second option may not suit you, that is how the law is written. However, some judges at the Rental Dispute Settlement Committee are allowing the 12-month eviction notice to be served at any time during the contract, so your first option could still work.
The law is not set on precedent and it is up to a judge at the RDSC at the time of a hearing to decide whether the 12-month notice served at any time can be upheld.
If your tenant files a case, you will have to wait for the judge’s decision for the outcome.
I suggest that you be transparent with your tenant to guarantee that they stay only for the initial 12-month period. This way, you can rent out the property for one year and move in for the second year.
However, if your plans change and you do not want to return to Dubai, you can always give the tenant the option of renewing the lease.
I have been renting a property in Dubai since May 10, 2021, with my family. On September 20 last year, I received an eviction notice from my landlord because he wants to sell the property.
However, I believe I am legally entitled to remain in the property until September 20, 2022, which is one year from the date of the eviction notice, although my lease expires on May 10, 2022.
My landlord suggested that I can renew the contract for four months if I wish to continue staying in the property until September 20, 2022. However, he warned of a rent increase for the renewal period.
Is the landlord allowed to increase rent during the notice period? LR, Dubai
A landlord can serve the 12-month written notice asking the tenant to vacate only upon expiry of the tenancy agreement, according to Law 33 of 2008.
However, some judges at the RDSC allow this notice to be served at any time during the lease. It’s up to the judge present at the hearing to decide if the 12-month eviction notice you received is valid or not.
You have a tenancy contract until May this year. If you want to stay on, you must challenge the eviction notice, which was sent only four months into the first year’s rental contract.
Rather than renewing the lease for the extra months as your landlord suggested, file a case at the RDSC and hope for the presiding judge to rule in your favour.
The landlord agreed to let you stay on if you pay more rent. This shows that he’s clearly after more money. This may work in your favour during the RDSC hearing.
Alternatively, you can wait for the property to be sold and negotiate favourable terms with the new owner, who will most likely send you a new 12-month eviction notice.
Mario Volpi is the sales and leasing manager at Engel & Volkers. He has worked in the property sector for more than 35 years in London and Dubai. The opinions expressed do not constitute legal advice and are provided for information only. Please send any questions to mario.volpi@engelvoelkers.com
